San Quentin’s Gas Chamber May Soon Be Used Again (Press, 23 October 1978)

On 23 October 1978, Californians are set to vote on November 7 regarding Proposition 7, a referendum that seeks to establish one of the most stringent death penalty laws in the United States. This initiative comes amid a growing trend to reinstate capital punishment across the nation, following the California legislature's past decision to restore the death penalty for certain types of murder despite Governor Jerry Brown’s veto. Since the enactment of this law, six men have been sentenced to death row at San Quentin prison. Proposition 7, championed by State Senator John Briggs, proposes to strengthen the existing death penalty framework significantly. Briggs argues that current laws are inadequate, citing concerns that notorious criminals could evade the death penalty under existing regulations. He highlights the case of Charles Manson, asserting that under current legislation, Manson’s followers could commit murders without facing capital punishment. The proposition aims to cover a comprehensive list of first-degree murder categories, including murder for hire, police killings, torture murders, and several others. Moreover, it would allow for mandatory death sentences if aggravating circumstances outweigh mitigating ones. The push for Proposition 7 reflects a notable public desire for tougher laws regarding the death penalty, with opinion polls suggesting majority support among Californians. The proposal also introduces life sentences without parole for an expanded array of crimes and includes provisions for sentencing accomplices in murder cases. The context of this debate is informed by the broader national landscape, where over 30 states have adopted death penalty laws following the U.S. Supreme Court’s reinstatement of capital punishment laws in 1976 after a period of suspension due to concerns over their application. Critics of Proposition 7, including civil rights advocates, argue that capital punishment perpetuates discrimination, particularly against the poor and racial minorities. Statistics demonstrate that a disproportionate number of death row inmates are minorities, with a significant majority being convicted for killing white victims. Opposition to Proposition 7 also raises issues regarding the reliability of the criminal justice system, citing wrongful convictions as a significant concern. This was illustrated by a local case where five gang members were initially convicted of murder based on flawed eyewitness testimony, only for another inmate to later confess to the crime. As the election approaches, Governor Brown, a long-standing opponent of the death penalty, faces pressure to reconcile his beliefs with potential public sentiment favouring tougher laws. The outcome of Proposition 7 could present a notable challenge for his administration, particularly given the controversial appointment of Chief Justice Rose Bird, known for her opposition to capital punishment. If approved, Proposition 7 could lead to executions resuming in California, countering decades of the state's historical resistance to the death penalty.

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