In a sweeping ruling on July 16, U.S. District Court Judge Cormac Carney held that California’s death penalty is so dysfunctional as to amount to cruel and unusual punishment. Vacating the death sentence of Ernest Jones, who has been on death row for almost 20 years, Judge Carney said the punishment cannot serve the purposes of deterrence or retribution when it is administered to a tiny select few, decades after their sentencing: “Inordinate and unpredictable delay has resulted in a death penalty system in which very few of the hundreds of individuals sentenced to death have been, or even will be, executed by the State. It has resulted in a system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed. And it has resulted in a system that serves no penological purpose. Such a system is unconstitutional.” Read the Court’s Opinion.

Although a District Court’s ruling is applicable to the sole case before it, the court’s rationale would clearly apply to everyone on the state’s death row: “For the rest [on California’s death row], the dysfunctional administration of California’s death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay preceding their actual execution. Indeed, for most, systemic delay has made their execution so unlikely that the death sentence carefully and deliberately imposed by the jury has been quietly transformed into one no rational jury or legislature could ever impose: life in prison, with the remote possibility of death.” (emphasis in original).

(Jones v. Chappell, No.: CV 09-02158 (U.S. Dist. Ct. Central Dist. of CA, July 16, 2014). See Arbitrariness and Time on Death Row.

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