CDAA expresses "grave concerns and strong opposition to reports that Governor Gavin Newsom is considering commuting every death sentence in California to life without the possibility of parole."

The California District Attorneys Association just issued this statement.

"The California District Attorneys Association (CDAA) expressed grave concerns and strong opposition to reports that Governor Gavin Newsom is considering commuting every death sentence in California to life without the possibility of parole.

In a letter to the Governor, CDAA warned that such a sweeping action would disregard the individualized decisions of hundreds of juries and judges, undermine the repeatedly expressed will of California voters, and inflict additional anguish on families who have already endured years of legal proceedings following the murders of their loved ones.

“Every death sentence in California represents an individual case in which a jury heard the evidence, considered the circumstances and determined that the most serious punishment under our law was warranted,” said Jeannine M. Pacioni, President of the California District Attorneys Association. “These decisions were not made lightly, and many have been reviewed by courts for decades. To simply erase all those judgments with the stroke of a pen, without considering the facts of each case or the families affected, would be a profound disservice to the administration of justice.”

California voters have repeatedly chosen to retain capital punishment. In 2012, voters rejected Proposition 34, which would have repealed the death penalty. In 2016, voters again rejected repeal through Proposition 62 while approving Proposition 66, which was intended to expedite the implementation of death sentences.

CDAA emphasized that while the Governor possesses constitutional authority to grant clemency, there is a fundamental distinction between considering extraordinary circumstances in an individual case and commuting every death sentence without regard to the underlying facts.

“Californians have repeatedly voted to retain the death penalty for the state's most heinous crimes,” said Greg Totten, Chief Executive Officer of CDAA. “The Governor has the constitutional authority to consider clemency, but that authority carries a responsibility to exercise it carefully and judiciously. A blanket commutation would substitute one person's judgment for the individualized decisions of juries and courts in hundreds of cases. That raises serious concerns about respect for the rule of law and the integrity of our criminal justice system.”

The Association also expressed particular concern for surviving victims and their families, many of whom have spent decades navigating the criminal justice system, attending hearings and enduring lengthy appeals.

“For prosecutors, these are not simply cases in a court file. They represent real people whose lives were taken and families whose lives were forever changed,” Pacioni added. “Those families placed their trust in our justice system. They deserve to have their voices heard and the decisions reached in their loved ones’ cases treated with the seriousness and respect they warrant.”

CDAA also noted that commuting death sentences to life without the possibility of parole would not necessarily eliminate the possibility of subsequent legal proceedings or future executive clemency, potentially creating additional uncertainty for victims’ families. The Board of Parole Hearings has already created a pathway toward possible release for eligible LWOP inmates, and although the current rules exclude those who have already received a commutation, they can seek further clemency from a governor. 

“Reasonable people can disagree about capital punishment,” Totten concluded. “But decisions of this magnitude should not be made through a sweeping, one-size-fits-all action that ignores the facts of individual cases. We urge Governor Newsom to reject mass commutation and give each case, and each victim’s family, the individualized consideration they deserve.”