Sunday, November 24, 2013

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            This proposition is very controversial and many are very opinionated.  Proposition 34 is there to repeal the death penalty and replace it with life in prison without parole.  It would also direct $100 million dollars to law enforcement for homicide and rape cases.  Each of us believes in the death penalty, and see that it may be a necessary tool in today’s society.  We each believe that it brings relief and comfort to the affected families and that justice is served.  We understand that it is a sad fate, but for many it is necessary.



Introduction and Background Information:

California’s Prop 34 is summarized in the voter’s guide as:
             “Repeals death penalty and replaces it with life imprisonment without possibility of parole. Applies retroactively to existing death sentences. Directs $100 million to law enforcement agencies for investigations of  homicide and rape cases. Fiscal Impact: Ongoing state and county criminaljustice savings of about $130 million annually within a few years, which could vary by tens of millions of dollars. One-time state costs of $100 million for local law enforcement grants.”

The Death Penalty in California History:
  •       Legal Executions in California were authorized under the Criminal Practices Act of 1851
  •      On February 14, 1872, capital punishment was incorporated into the Penal Code
  •      The first form of execution was death by hanging.
  •      On August 27, 1937 Legislature replaced hanging with lethal gas.
  •      In January 1993, a new law went into effect allowing inmates the option of either lethal gas or lethal injection.


The Legal Challenges of The Death Penalty
  •       After 1967, California did not administer an execution for 25 years due to various State and United States Supreme Court decisions.
  •       In 1972, the Californian Supreme Court found that the death penalty constituted cruel and unusual punishment under state constitution. (107 individuals had their sentence changed.)
  •       Nine months after the controversial ruling, the California electorate amended the state constitution and overruled the State Supreme Court.


·      California legislation was passed in 1973 that made the death penalty mandatory under specific conditions.
1.     Kidnapping (if the victim dies)
2.     Train wrecking (if there are any casualties)
3.     Assault by a life prisoner (if victim dies within the year)
4.     Treason against the state
5.     First Degree Murder (for hire, of a peace officer, of a witness to prevent testimony, if committed during robbery or burglary, if committed during rape by force, if committed during lewd and lascivious acts upon children, by persons previously convicted of murder)


Questions Surrounding the Issue and Answers:

What is prop 34?
Prop 34 repeals death penalty while replacing it with life in prison without parole.

What is a pro of prop 34?
Prop 34 forces killers to work and pay court-ordered restitution to victims. In addition, it saves wasted tax dollars while funding one hundred million dollars to law enforcement to solve rapes and murders.

What is a con of prop 34?
This proposition would cost tax payers one hundred million dollars over the period of only four years. They would also be paying at least fifty thousand a year, which would fund the murders lifetime of healthcare and housing.

How do people feel about prop 34?
6,460,264 votes, which amounted to 52% of voters, voted no on prop 34, while the remaining 48% ended with 5,974,243 votes for yes on the proposition.

Final Thoughts and Conclusion:

    In Conclusion, Proposition 34 is just not worth the time and money. The death penalty has been improved as years passed by and hasn’t been used that often in the state of California. While some may say the death penalty is expensive with the few executions California has had and that it’s inhumane, having the criminals imprisoned for life isn’t any cheaper or better to deal with them. Proposition 34 may have some good points on ideas to deal with criminals, but economically it will not hold up with in California.

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