Compiled from news releases
Los Angeles County District Attorney Nathan J. Hochman has implemented changes to the current and historic policies of the Los Angeles County District Attorney’s Office regarding its prosecution of special circumstance murder cases — and the DA’s office may n
ow seek the death penalty in certain cases.
“Effective immediately, the prior administration’s extreme and categorical policy forbidding prosecutors from seeking the death penalty in any case is rescinded,” said a news release from Hochman’s office, referring to the policies of his predecessor, George Gascón. “In its place, the new murder with special circumstances policy will consider pursuing the death penalty only after an extensive and comprehensive review and only in exceedingly rare cases. This new policy recognizes an evolving determination that the death penalty should be restricted to the most egregious sets of circumstances.”
Additionally, under the new policy, defense counsel will be offered enhanced opportunities to share information about the defendant with the Special Circumstances Committee and the district attorney when the death penalty is under consideration, Hochman’s release said.
Murder victims’ survivors’ views will be sought and considered prior to any final determinations being made, the release said.
The infrequency with which the death penalty will be sought in special circumstance murder cases will, in most cases, allow the District Attorney’s Office to inform the court at an early stage that the office is pursuing the only other sentence available under such prosecutions, a sentence of life without the possibility of parole rather than death, the release said.
In addition, the standard to charge such death penalty cases at all stages of review will be beyond a reasonable doubt, not the prior standard of probable cause, the release said.
“I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County, in consultation with the murder victim’s survivors and with full input on the mitigating and aggravating factors of each case, to ensure that the punishment sought by the Office is just, fair, fitting, and appropriate,” Hochman said in the release.
In response, the Los Angeles County Public Defender’s Office issued a news release of its own, denouncing the district attorney’s decision to reintroduce the death penalty in Los Angeles County.
“This decision is a step backward for L.A. County. The death penalty is a cruel and irreversible punishment that is racially biased, and ineffective as a deterrent,” Ricardo Garcia, the Los Angeles County public defender, said in the release. “The death penalty doubles down on a system that has disproportionately harmed the poor and communities of color.”
Garcia added: “Returning to the death penalty further exacerbates state and county economic challenges … The death penalty comes at a great cost to taxpayers with no impact to public safety. I urge DA Hochman to reconsider this decision and instead commit resources to programs proven to promote justice and reduce recidivism.”
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