Gavin Newsom Moves to Commute All 548 California Death Sentences

California Gov. Gavin Newsom says he will commute the sentences of all 548 people on the state's death row, replacing their death sentences with life in prison without the possibility of parole.

Newsom announced the decision on Thursday, Nov. 5, in an open letter to Californians, about two months before he leaves office. The Death Penalty Information Center called it the largest act of mass clemency in U.S. history, KQED reported.

Why Newsom Says He Acted

In his letter, Newsom wrote that "state-sanctioned killing is incompatible with California's values" and argued that the death penalty undermines the state's legal system. He also pointed to concerns that innocent people have been sentenced to death.

"I know we cannot execute people in our imperfect legal system and remain true to our core values," he wrote. "This decision is among the most difficult of my career."

Newsom said he spoke with crime survivors, victims' families, prison officials, public safety experts and jurors from death penalty cases before deciding. Some advisers urged him to leave out the "worst of the worst" cases, but he chose not to, arguing that doing so would create different categories of victims' families.

"I also acknowledge that this clemency action will anger and hurt some Californians," he wrote. "As Governor, I alone bear responsibility for this decision and its impact."

How the Commutations Will Work

The move does not repeal California's death penalty. Prosecutors can still seek it in future cases, and those decisions remain with prosecutors, juries and courts, Newsom said, according to CBS Sacramento.

Not every commutation will take effect right away. Under the state constitution, the California Supreme Court must approve clemency for anyone convicted of more than one felony. That applies to 382 of the 548 cases, and at least four of the court's seven justices must sign off on each, according to IBTimes. Newsom asked the court to act before his term ends in January.

Those whose sentences are commuted will not be eligible for parole or resentencing later, Newsom said. They will "die in prison but not by our hand," he wrote.

Victims' Families and Prosecutors Push Back

The decision drew sharp criticism from some prosecutors and families of murder victims. Anne Marie Schubert, a former Sacramento County district attorney who now leads the Criminal Justice Legal Foundation, said the commutations would have a "devastating impact" on families. Her group is prepared to challenge them in court, according to IBTimes.

Other relatives of victims argued that the move ignores sentences handed down by juries and judges. Among those criticizing the decision was the father of a 12-year-old girl murdered in 1993, who said he feared it would bring his daughter's killer closer to release.

California voters have also repeatedly chosen to keep the death penalty. They rejected repeal measures in 2012 and 2016, and in 2016 narrowly approved a measure meant to speed up death penalty cases.

Supporters Hail a "Decisive Moment"

Civil rights groups praised the move. The American Civil Liberties Union of California pointed to racial disparities and wrongful convictions in capital cases.

"Governor Newsom's announcement marks a decisive moment in the history of the death penalty in the United States," said Robin Maher, executive director of the Death Penalty Information Center.

California has not executed anyone since 2006. Newsom placed a moratorium on executions shortly after taking office in 2019, and the execution chamber at San Quentin was later dismantled.

A National Debate

The commutations will shrink the nation's death row population by nearly 30%, though California still has the largest death row in the country, according to Al Jazeera. Twenty-three states have abolished capital punishment.

Other states are moving in the opposite direction. In October, Florida carried out its 18th execution of the year. Public support for the death penalty has declined since the 1990s but remains a majority, with a Pew Research Center poll in August finding 66% of Americans support it for murder convictions.

Newsom is term-limited, and former U.S. Health and Human Services Secretary Xavier Becerra will succeed him in January. Newsom is also widely seen as a potential presidential contender.

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