The following story was originally published in the San Quentin News on March 3, 1972.
By a 6 to 1 decision, the California State Supreme Court has ruled the death penalty to be unconstitutional.
The Court’s decision means that 107 men and women who now occupy death rows in two institutions may now be spared; among whom are Sirhan Sirhan, Charles Manson, and John Linley Frazier.
For almost the last five years, California has had a moratorium on executions pending decisions of both the State and U.S. Supreme Courts.
The last man to die in San Quentin’s famous green room was Aaron Mitchell, who was executed for the murder of a policeman. He died in April of 1967.
Not waiting upon the Federal High Court to act, the state Supreme Court went ahead on its own acting upon a petition by the American Civil Liberties Union (ACLU).
The case of Robert P. Anderson was argued by Stanford law professor Anthony Amsterdam at a Los Angeles session of the state Supreme Court, wherein the argument was presented that capital punishment is “severe beyond all human comprehension.”
Amsterdam said: “For man deliberately and needlessly to take life – which he does not understand – which leads he knows not where – is an act that eclipses every other cruelty humanity can mete out or bear.”
The state, through Deputy Attorney General Ronald M. George argued that the death penalty protects society from murders, and that if it is constituted “cruel and unusual” punishment it would have been outlawed in California years ago.
California is the second state to rule that capital punishment is unconstitutional. New Jersey made a similar decision in January.
The historic decision has posed some questions as to the eligibility of such accused as Angela Davis for release on bail.
Charged with murder, kidnap, and conspiracy for the Aug. 21 shootout at the Marin Civic center, it is now being argued that Miss Davis is eligible for bail due to the fact that the offenses she is charged with are no longer capital.
“Technically speaking” one spokesman said, “the U.S. Supreme Court does not control the California Supreme Court. Yesterday’s decision was based strictly on the State Constitution.”
At this writing, the office of Attorney General Evelle J. Younger has not had the opportunity to study the decision.
The court said the question was whether the death penalty, when judged by contemporary standards, “is either cruel or has become an unusual punishment.” The court found it to be both.
At present, there has been no decision as to where to house, or in what institution, the 102 men and five women now on the rows.
Some may be absorbed into the mainline population, while others, such as Robert F. Kennedy’s assassin, Sirhan Sirhan, may have to be confined under strict control out of fear for his life.
“We must approach this thing with caution,” said Warden Louis S. Nelson. “There are some inmates on death row who are not ready to mix with other prisoners because they are dangerous.”
Nelson admitted, however, that he knows of men who had been on death row, and after commutation, were paroled and “are doing fine.”
Sen. George Deukmejian (R – Long Beach) has introduced a constitutional amendment which would give the state legislature specific authority to prescribe capital punishment for certain cases.
If the amendment passes the legislature, it will be subject to a vote by the people on a statewide basis.
