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Thread: Gov. Gavin Newsom vs. California Law

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    Gov. Gavin Newsom vs. California Law

    CA Gov. Gavin Newsom has announced a "moratorium" on the death penalty in CA.

    California Gov. Gavin Newsom announces moratorium on death penalty, halting more than 700 executions - ABC News


    California Gov. Gavin Newsom announced a moratorium on the death penalty Wednesday, halting more than 700 executions in the state.

    The executive order grants a reprieve to 737 inmates on the country's largest death row and halts the use of the death penalty in the state, according to the governor's office.

    "I do not believe that a civilized society can claim to be a leader in the world as long as its government continues to sanction the premeditated and discriminatory execution of its people," Newsom said in prepared remarks on Wednesday. "In short, the death penalty is inconsistent with our bedrock values and strikes at the very heart of what it means to be a Californian."
    I generally oppose the death penalty myself (I'm squishy on it when it comes to really, really heinous crimes). But the law is what it is in California, and the death penalty has been reaffirmed numerous times, even recently, by the voters of California.

    The governor does not have the power to simply decide not to enforce the law as written. He does have the pardon power, but that's not a blanket license to nullify state sentencing law; it's a case-by-case power meant to alleviate injustice on an individual basis. This is also not a case of "prosecutorial discretion"; the prosecution is already done.

    The governor doesn't get to decide what California law is or should be. That's up to the state legislature and the people of California.

    This is a blatant unconstitutional abuse of power.
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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Harshaw View Post
    CA Gov. Gavin Newsom has announced a "moratorium" on the death penalty in CA.

    California Gov. Gavin Newsom announces moratorium on death penalty, halting more than 700 executions - ABC News




    I generally oppose the death penalty myself (I'm squishy on it when it comes to really, really heinous crimes). But the law is what it is in California, and the death penalty has been reaffirmed numerous times, even recently, by the voters of California.

    The governor does not have the power to simply decide not to enforce the law as written. He does have the pardon power, but that's not a blanket license to nullify state sentencing law; it's a case-by-case power meant to alleviate injustice on an individual basis. This is also not a case of "prosecutorial discretion"; the prosecution is already done.

    The governor doesn't get to decide what California law is or should be. That's up to the state legislature and the people of California.

    This is a blatant unconstitutional abuse of power.
    Calling a moratorium on executions does not overturn the law, it simply puts it on pause, not the first time a Governor has done this.
    For the record I believe in the death penalty so long as it is fairly applied and the convict had good quality legal support.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Casper View Post
    Calling a moratorium on executions does not overturn the law, it simply puts it on pause, not the first time a Governor has done this.
    What's another case? (Not that multiple instances of abuse justify a new abuse.)

    The governor has no power to put the law "on pause." The California constitution says (similarly to most state constitutions and the US Constitution):

    The Governor shall see that the law is faithfully executed.
    He's required to enforce the law, not choose what he wants to enforce and what he doesn't.

    What else do you think it would be OK for him to "put on pause"? "Pause" welfare payments? "Pause" all law enforcement? "Pause" tax collection?
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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Harshaw View Post
    This is a blatant unconstitutional abuse of power.
    Newsom is the governor of California. He can stay any execution he wants. That is well within is powers under the CA constitution. I think you'll also find that the majority of the people of the state of California do in fact support is the decision.
    Obstruction of Justice also applies to overt coercion of court or government officials via the means of threats or actual physical harm and also applying to deliberate sedition against a court official to undermine the appearance of legitimate authority.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Harshaw View Post
    CA Gov. Gavin Newsom has announced a "moratorium" on the death penalty in CA.

    California Gov. Gavin Newsom announces moratorium on death penalty, halting more than 700 executions - ABC News




    I generally oppose the death penalty myself (I'm squishy on it when it comes to really, really heinous crimes). But the law is what it is in California, and the death penalty has been reaffirmed numerous times, even recently, by the voters of California.

    The governor does not have the power to simply decide not to enforce the law as written. He does have the pardon power, but that's not a blanket license to nullify state sentencing law; it's a case-by-case power meant to alleviate injustice on an individual basis. This is also not a case of "prosecutorial discretion"; the prosecution is already done.

    The governor doesn't get to decide what California law is or should be. That's up to the state legislature and the people of California.

    This is a blatant unconstitutional abuse of power.
    I agree.
    He thinks he's the King of CA. Btw, I am anti-capital punishment as well, but that's a moot point. The voters decided 3 years ago to KEEP the death penalty in effect...The law is the law and the only way it should be overturned is to put it back on the ballot, but we do not need to do that! We already voted!

    Just last week a child murderer from my area has his death sentence upheld by the CA. supreme court. Does this mean Newsom's power usurps the CA. SC?
    Calif. Supreme Court Upholds Death Penalty Conviction Upheld for Van Dam Murderer

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by MrWonka View Post
    Newsom is the governor of California. He can stay any execution he wants. That is well within is powers under the CA constitution. I think you'll also find that the majority of the people of the state of California do in fact support is the decision.
    That's a lie.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by MrWonka View Post
    Newsom is the governor of California. He can stay any execution he wants. That is well within is powers under the CA constitution. I think you'll also find that the majority of the people of the state of California do in fact support is the decision.
    Generally, he as the power to grant clemency of individual case, not do a wholesale invalidation California law.

    California impeached Grey Davis for granting drivers licenses to illegals, and pay for play accusations and general pandering for votes. I expect a similar move against Newsom, but most of the law and order Californian's have moved, and the rest don't give a crap anymore.

    The next step is to put them into the general population when they can carry out hits.

    These guys are horrible people and should be put to death. A bullet in the brain is too good for them.

    Typical liberals. They have no respect for the will of the voters. They just plow ahead with their agenda.

    He is only doing it to raise his profile since he wants to run for president, and the left doesn't have the stomach to kill those who kill them.
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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by chuckiechan View Post
    Generally, he as the power to grant clemency of individual case, not do a wholesale invalidation California law.
    They are identical. If he can stay the execution of every person on death row individually then he can have a standing policy of staying each and every one of them. There's probably one or two people being executed per year anyway. He's just declaring in advance that he's going to do that, and he has every right to.
    Obstruction of Justice also applies to overt coercion of court or government officials via the means of threats or actual physical harm and also applying to deliberate sedition against a court official to undermine the appearance of legitimate authority.

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    Re: Gov. Gavin Newsom vs. California Law

    I'm not sure how the governor thinks he can suspend a law, even one rarely used. I was under the impression that no one had been executed in California for years anyway, so I looked it up. Looks like I was wrong:

    Here are the 13 men executed by California since 1978

    By Evan Wagstaff
    July 16, 2014, 2 p.m.
    More than 850 people have been sentenced to death in California since 1978, when the state reinstated capital punishment, but only 13 had been executed.
    Here's a look at those men and the crimes for which they were put to death:


    except that 13 out of 850 is hardly worth the cost and effort.


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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Dittohead not! View Post
    I'm not sure how the governor thinks he can suspend a law, even one rarely used. I was under the impression that no one had been executed in California for years anyway, so I looked it up. Looks like I was wrong:

    Here are the 13 men executed by California since 1978


    except that 13 out of 850 is hardly worth the cost and effort.
    You have to understand that this is a game where everyone makes money. An anti death lawyer can have three or four death row clients, and he will be working full time on the states dime forever.

    They are certainly genuinely against the death penalty, and the judges are happy to play the game too, because at the end of the day judges are lawyers in funny clothes and go to the same parties, and all want to be appointed to higher judicial roles. No one really gives a damn about the victims, the voters, or the criminals. It's all about politics and making it become nearly impossible to execute a murderer because they are right and you are wrong.

    The total on death row is misleading. The number that should be on death row is closer to 2000, based on how the sentence is arrived as and how appeals are handled. Many are there for killing someone in prison. In fact, if murder one were enforced more tightly, it's would be 10,000. Then what?
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