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Capital punishment is currently barred in the U.S. state of California, as it was declared unconstitutional by a federal judge on July 16, 2014.〔http://www.nationaljournal.com/domesticpolicy/federal-judge-rules-death-penalty-unconstitutional-in-california-20140716〕 This decision was appealed, and a panel of the Ninth Circuit voted to overturn the district court's decision.〔http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000802〕 The first recorded death sentence in the area that is now California took place in 1778 when four Native Americans were sentenced to be shot in the Presidio of San Diego for conspiracy to commit murder.〔〔 Since this time, 709 executions took place before the California Supreme Court decision in ''People v. Anderson'' finding the death penalty to violate the state constitution, and the later ''Furman v. Georgia'' decision of the United States Supreme Court finding executions in general as practiced to violate the United States Constitution, both issued in 1972. California reinstated the death penalty in 1978. In 2006, U.S. District Judge Jeremy Fogel halted executions in California after finding flaws in the state's execution process. The current hold is pending judicial review of a new execution chamber and new methodologies for executing prisoners. However, the moratorium is expected to expand in 2013 because of the current court battle between inmate attorneys and the State's Attorney General. Though prison officials have revised their procedures since 2006, death row inmates allege the procedures are still flawed and expose them to cruel and unusual punishment. As of 2013, there were 741 offenders (20 of which were women) on California's death row.〔(California Death Penalty Moratorium Likely To Extend Into 2013 « CBS San Francisco )〕〔(The Buzz: Supporters of repealing California's death penalty net $1.2 million in contributions - Sacramento Politics - California Politics | Sacramento Bee )〕 Of those, 126 involved torture before murder, 173 killed children, and 44 murdered police officers.〔(Ballot to abolish California’s death penalty opposed by RivCo officials )〕 Because California's death penalty was enacted through the voter-initiative process, the only way to replace it is through a voter-approved ballot measure. In 2012, Proposition 34, which would have replaced the death penalty with life imprisonment, was defeated with 52% of the vote against and 48% for. ==History== The first known death sentence in California was recorded in 1778. On April 6, 1778 four Kumeyaay chiefs from a Mission San Diego area ranchería, were convicted of conspiring to kill Christians and were sentenced to death by José Francisco Ortega, Commandant of the Presidio of San Diego; the four were to be shot on April 11.〔Ruscin, p. 196; Bancroft, vol. i., p. 316〕 However, there is some doubt as to whether or not the executions actually took place.〔Engelhardt 1920, pp. 96–97: Reference is made to three letters written by Father Serra to Father Lasuén dated April 22 and June 10, 1778 and September 28, 1779 wherein Father Serra expresses his satisfaction over Governor Felipe de Neve's apparent grants of clemency in this regard. Based on these writings, Engelhardt concludes "''It would seem that the sentence of death was commuted. At any rate, there are no particulars as to an execution''."〕 Four methods have been used historically for executions. Until slightly before California was admitted into the Union, executions were carried out by firing squad. Upon admission, the state adopted hanging as the method of choice. The penal code was modified on February 14, 1872, to state that hangings were to take place inside the confines of the county jail or other private places. The only people allowed to be present were the county sheriff, a physician, and the county District Attorney, who would in addition select at least 12 "reputable citizens". No more than two "ministers of the gospel" and no more than five people selected by the condemned could also be present. Executions were moved to the state level in 1889 when the law was updated so that hangings would occur in one of the State Prisons—San Quentin State Prison and Folsom State Prison. According to the California Department of Corrections, although the law did not require the trial judge to choose a specific prison, it was customary for recidivists to be sent to Folsom. Under these new laws, the first execution at San Quentin was Jose Gabriel on March 3, 1893, for murder. The first hanging at Folsom was Chin Hane, also for murder, on December 13, 1895. A total of 215 inmates were hanged at San Quentin and a total of 93 were hanged at Folsom. In previous eras the California Institution for Women housed the death row for women.〔"(Court Ruling Won't Mean Bloodbath On Death Row )." ''Associated Press'' at the ''Tuscaloosa News''. Tuesday February 15, 1972. p. 10. Retrieved on Google News (6/15) on March 27, 2013. "There are five women under a sentence of death. Three of Manson's convicted accomplices, Susan Atkins, Leslie Houten, and Patricia Krenwinkel, are in a special women's section of the row built at the California Institute for Women at Frontera."〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Capital punishment in California」の詳細全文を読む スポンサード リンク
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