Legislative Analyst’s Office
7/18/2016 2:30 P.M.
FINAL
Page 3 of 8
defendants’ attorneys argue that violations of state law or federal constitutional law took place
during the trial, such as evidence improperly being included or excluded from the trial. If the
California Supreme Court confirms the conviction and death sentence, the defendant can ask the
U.S. Supreme Court to review the decision. In addition to direct appeals, death penalty cases
ordinarily involve extensive legal challenges in both state and federal courts. These challenges,
which are commonly referred to as “habeas corpus” petitions, involve factors of the case that are
different from those considered in direct appeals (such as the claim that the defendant’s attorney
was ineffective). All of these legal challenges—measured from when the individual receives a
death sentence to when the individual has completed all state and federal legal challenge
proceedings—can take a couple of decades to complete in California.
The state currently spends about $55 million annually on the legal challenges that follow
death sentences. This funding supports the California Supreme Court as well as attorneys
employed by the state Department of Justice who seek to uphold death sentences while cases are
being challenged in the courts. In addition, it also supports various state agencies that are tasked
with providing representation to individuals who have received a sentence of death but cannot
afford legal representation.
Implementation of the Death Penalty
Housing of Condemned Inmates. As of April 2016, of the 930 individuals who received a
death sentence since 1978, 15 have been executed, 103 have died prior to being executed,
64 have had their sentences reduced by the courts, and 748 are in state prison with death
sentences. The vast majority of the 748 condemned inmates are at various stages of the direct
appeal or habeas corpus petition process. Condemned male inmates generally are required to be