FCL NEWSLETTER ? April 1998

Death Penalty Appeals Budget Boosted   -- Steve Birdlebough

- Speak Out Against the Death Penalty -- May 1 Rally.

-- Resources on Capital Punishment.   Law enforcement survey; Frontiers of Justice; Internet references.

-- Anti-Red Law Dead?.   SB 1535 (Kopp)

Diane Watson -- Honoree at Annual FCL Dinner

A Look Ahead -- Health and Wealth, and Criminal Justice Issues.

Death Penalty Appeals Budget Boosted

The Governor's 1998-99 Budget proposes a generous $5 million increase in funding for defense attorneys in death penalty appeals and habeas corpus proceedings. The total proposed allocation for those appeals will come to more than $34 million -- about three times the annual cost of housing all of the current Death Row inmates.

In addition to this cost for defendants' lawyers, the Attorney General's budget contains more millions of dollars to prosecute death penalty appeals.And this is in addition to millions in local costs expended to win death sentences in the first place. This largesse appropriated for capital cases shortchanges the many deserving programs designed to prevent violence. Deaths and injuries due to violence are reduced by projects that prevent child abuse and domestic violence, that divert youth from gangs, that reintegrate offenders into jobs and families, that reduce use of controlled substances. However, violence prevention programs must constantly scrape for funds, and they are regularly challenged to prove that they are "cost-effective."

The death penalty could never pass a test of cost-effectiveness. In fact police chiefs give low ratings to capital punishment as a deterrent to violent crime, placing it behind curbs on drug abuse, more police officers, relaxed rules of evidence, stiffer sentences, and an improved economy. (See survey by Hart Research Associates (1995), cited in the list of resources, in this issue.

The budgeted increase in spending levels for appeals in death cases carries out 1997 legislation to speed the mandatory post-conviction appeals process, in an effort to reduce the backlong of incomplete appeals. California has executed four persons since the death penalty was reinstated in 1978; prosecutors have obtained almost 500 death sentences in local courts.

Insert Chart - Source: Legislative Analyst

Part of the gap between convictions and executions is because the California Supreme Court has long had difficulty finding qualified lawyers to handle the automatic appeals that follow a sentence of death. Another part of the gap is traceable to the federal habeas corpus review process. By the end of 1997, qualified appellate lawyers had been found for fewer than half of the 315 pending death sentence appeals; habeas corpus proceedings are pending in about 185 other cases in the federal courts.

This is not a new problem. The growing backlog of appeals was well-recognized during the tight budget years of the early 1990's. At that time it seemed prudent to the budget-writers to channel money to more pressing issues; citizens languishing on Death Row could wait for their lawyers.

Paradoxically, the justification for all of these expenditures is that, in spite of their costly processes, courts are human institutions and given to err, even in serious cases. Amnesty International recently reported 69 United States cases since 1973 in which prisoners have been condemned to death, and then released or re-sentenced due to errors affecting their convictions. Last year the American Bar Association called for a moratorium on executions, citing widespread flaws in the handling of capital cases as a reason for its action.

The task of training large numbers of lawyers who have no experience with death penalty appeals in California will be enormous. This year's proposed increase in funding merely enables the beginning of a multi-year training and development process which will add a new state agency to oversee habeas corpus petitions, and the involvement of several hundred more lawyers in addition to those already involved in the arcane judicial dance that determines who on California's Death Row actually dies by lethal injection.

However, policy makers might want to reconsider whether it is really a good idea to begin boosting post-conviction death penalty expenditures and the court filings that will follow, given the fact that the State Supreme Court is already spending close to half its time dealing with death penalty issues. Adding more lawyers to prepare more cases for an already overburdened court would seem only to cause more trouble later on. Less costly ways might be developed to decide that cases ought to have death sentences vacated.

You may want to contact your legislator to urge that before additional dollars are spent on implementing the death penalty, a cost-benefits analysis should be carried out to determine whether public money could be better spent elsewhere.

-Steve Birdlebough

- Resources on Capital Punishment

The following resources, selected from a vast body of information about Capital Punishment, may be of further interest to our readers:

On the Front Line, a national survey of law enforcement views on the value of the death penalty. Carried out by Peter D. Hart Research Associates in 1995, this report is available from the Death Penalty Information Center, 1602 20th St. NW, Washington, D.C. (202) 293-6970 at a cost of $5 (also available on the internet at www.essential.org.dpic).

Frontiers of Justice, Vol. 1: The Death Penalty, Claudia Whitman and Julie Zimmerman, eds. Sr. Helen Prejean writes that this book is a way "to encounter the real inside stories from people who have had a lived experience of the death penalty." (Biddle Publishing Co. 1997.)

Internet sources have grown in recent years and include the following:

- Friends Committee to Abolish the Death Penalty -- http://www.quaker.org/fcadp

- American Civil Liberties Union -- http://www.aclu.org/issues/death/hmdp.html

- Links to Death Penalty Information -- http://sun.soci.niu.edu/~critcrim/dp/dp links.html

- Abolition Now -- http//www.abolition-now.com

This Life we Take, by Joe Gunterman &Trevor Thomas, (5th ed. 1987, updated with 1997 statistics), available from FCL Education Fund, $1.00.

- Speak Out Against the Death Penalty

[N/L 4/98]

Quakers are morally and religiously opposed to the idea that anyone, including the state, has the right to take human life, and FCL supports total abolition of the death penalty. The death penalty has not been demonstrated to prevent or deter crime; it is unfairly applied; judicial mistakes do occur; it violates UN treaties and international standards. From the FCL Policy Statement

Friday, May 1st will be a unique opportunity to participate in a Lobby Day Against the Death Penalty. Despite a 1997 public opinion poll indicating a dip in public support for the death penalty, legislators continue to propose adding new special circumstances which can invoke the death penalty.

Nine bills are now pending that would expand the definition of special circumstances, making capital punishment applicable to additional first degree murder cases:

AB 1698 (Ted Lempert, D., San Mateo) where murder victim was protected by a domestic violence restraining order.

AB 2324 (Wally Knox, D., Los Angeles) where the murder was due to the victim's actual or perceived gender, disability, or sexual orientation.

AB 490 (Roy Ashburn, R., Bakersfield) and SB 1799 (Charles Calderon, D., Montebello) where the victim was under age 14.

SB 1878 (Quentin Kopp, I., San Francisco)where the murder resulted from commission of a felony or lying in wait.

SB 2221 (Ray Haynes, R., Riverside) where the murder resulted from certain sex crimes.

AB 1538 (Sally Havice, D., Artesia), AB 1735 (Rod Pacheco, R., Riverside) and SB 1435 (Richard K. Rainey, R., Walnut Creek) where the murder furthers gang activity.

Supreme Court Justice Thurgood Marshall in his opinion in the 1972 Furman case noted that if the public were informed about the relities of the death penalty they would not support it. The death penalty, he said. ...would offend the sensibilities of the American people if they knew that it would be no more effective a deterrent than life imprisonment; that most murderers who have been released from prison become law-abiding; that the death penalty itself may stimulate criminal activity; that it is imposed discriminatorily; that there is evidence that innocent people have been executed; that the death penalty wreaks havoc on the criminal justice system.

Those of us opposed to capital punishment must inform government officials and the public about its profound negative effects. The Death Penalty Lobby Day will start with a briefing to provide information on the issues, and suggest fruitful approaches to legislators. Handouts with statistics and up-to-the-minute information about the status of capital punishment in California will be supplied. At noon, supporters from a coalition of groups opposed to the death penalty will gather at the Capitol for a mass rally. The rally will feature a message from Bud Welch who opposes the death penalty and whose daughter was killed in the Oklahoma City bombing.

The rally will be followed by scheduled visits to Legislators' offices. These visits will provide the opportunity to express views on pending legislation and to put forth reasons for opposing capital punishment.

The day will be capped off with a dinner celebration for those wishing to meet and discuss issues and develop strategies relating to opposition to the death penalty.

For more information about participation please contact the FCL office at (916) 443- 3734.

-Teresa Huffman

Anti-Red Law Dead?

[N/L 4/98]

SB 1535 (Quentin Kopp, I., San Francisco) would repeal sections of California law dating back to the 1950s that require dismissal of state employees and teachers who are members of the Communist Party. The bill removes language that declares that "the world communism movement, communist organizations in California, and their members" present a "clear and present" danger to the State of California. Kopp's legislation, however, does retain a provision that allows a state worker to be fired if "he or she knowingly advocates the overthrow of the government of the United States or of any state by force or violence." FCL SUPPORTS.

A Look Ahead

[N/L 4/98]

The Legislature's February 20 bill introduction deadline brought forth a deluge of almost 1500 bills. In addition, hundreds of bills from the 1997 session remain to be considered. Following are brief introductions to a selection of legislation of special interest to FCL Newsletter readers.

Health and Wealth Issues

AB 2059 (Dion Aroner, D., Berkeley and Antonio Villaraigosa, D., Los Angeles) creates 100,000 new public jobs in high unemployment areas of the state; pays a living wage of $10 per hour or the prevailing wage for the job, whichever is higher, plus health, dental, and quality child care benefits; employs very low-income people, of whom half will be current or recent welfare recipients; creates jobs with a clear benefit for the community, such as mentoring youth, rebuilding schools, and fixing parks. FCL SUPPORTS.

Renters' Credit (budget item)

For the fifth year in a row, the Governor's budget assumes continued suspension or outright elimination of the Renter's Tax Credit of $60 per individual or $120 per couple. In the absence of strong low-income housing programs and a more progressive tax system, the renter's credit is an established and direct method to provide tax relief to those who do not benefit from the tax advantages of owning a home. FCL OPPOSES.

Mental Health

AB 1100 (Helen Thomson, D., Davis), sponsored by the California Alliance for the Mentally Ill, would require insurers to cover medications that control severe mental illness. This common-sense requirement has met with opposition from the Governor and health insurance companies, who feel that the maximum of one percent increase in premiums that would result from this legislation is prohibitively expensive. This bill has passed the Assembly and needs more support in the Senate and a promise of no veto from the Governor. FCL SUPPORTS.

Health Care

SB 2123 (Barbara Lee, D., Oakland and Diane Watson, D., Los Angeles) is a new universal health care program proposal that responds to previous voter and legislative concerns about publicly-managed and publicly-financed medicine. This bill allows consumers to choose providers (including alternative therapies), establishes state-wide standards of care, and provides for long- term care, prescription drugs, and mental health services. It will eliminate paper work and be funded through current government expenditures, business payroll taxes, and a progressive individual income tax. Boosted by widespread doctor and patient dissatisfaction with managed care, the bill is part of a long-term strategy on the part of consumer and professional groups "to develop more support for universal health care in the years to come." FCL SUPPORTS.

Criminal Justice Issues

Criminal Justice has continued to be a major generator of legislation. Here, briefly sketched, are some of the bills of special interest to FCL and its supporters.

SB 1387 (Betty Karnette, D., Los Angeles) restricts the sealing of certain juvenile records.

SB 1497 (Richard Polanco, D., Los Angeles) directs the Department of Corrections to provide enhanced programs to improve the successful reintegration of parolees into the community.

SB 1540 (Betty Karnette, D., Los Angeles) limits placements in drug and alcohol rehabilitation facilities.

SB 1698 (Adam Schiff, D., Los Angeles) permits certain charges against juveniles to be filed directly in adult court.

SB 2016 (Richard Polanco, D., Los Angeles) directs the Department of Corrections to improve the process for searching individuals, including staff members, who may be carrying contraband into institutions.

SB 2048 (John Vasconcellos, D., Santa Clara)changes the "3- strikes law" so that the third conviction would need to be a serious or violent offense before a 25 year to life term could apply.

SB 2059 (John Vasconcellos, D., Santa Clara) affords inmates access to law libraries.

SB 2074 (Adam Schiff, D., Los Angeles) refines the stated purpose of the juvenile court and provides additional information to victims in misdemeanor cases.

SB 2108 (John Vasconcellos, D., Santa Clara) provides for pre- release planning for prisoners and follow-up services to increase the likelihood of success on parole.

SB 2157 (Charles Calderon, D., Montebello) permits certain charges to be filed against juveniles in adult court, and adds to the category of persons who should be held in custody.

AB 1913 (Roy Ashburn, R., Bakersfield) permits seven-year parole terms, with expanded services.

AB 1999 (Sheila Kuehl, D., Santa Monica) enhances sentences for violent hate crimes that are based on actual or perceived gender.

AB 2009 (Bob Hertzberg, D., Sherman Oaks) proposes a pilot program for sexually abused minors in CYA. AB 2022 (Rod Wright, D., Los Angeles) regulates the issuance of concealed weapons permits by sheriffs and chiefs of police.

AB 2321 (Wally Knox, D., Los Angeles) directs Californmia Department of Corrections to establish residential and nonresidential multi-service centers, literacy labs, drug treatment networks, and job placement assistance for parolees.

AB 2485 (Robert Prenter, R., Hanford) authorizes a new prison to be constructed near Delano, using federal trust monies.

The foregoing summary was compiled by FCL's Legislative Advocates, Ken Larsen and Steve Birdlebough.

Diane Watson

[N/L 4/98]

In 1978 Diane Watson made history by becoming the first African American woman to be elected to the California State Senate. What was the California State Senate like twenty years ago? How has it changed over the years? What can we expect in the future? These are among the questions that State Senator Diane Watson will discuss as the featured speaker at the FCL's Annual Dinner on Tuesday, May 26. This will be a unique opportunity to hear from a woman who has served with distinction for a score of years at the State Capitol.

Senator Watson, a Democrat, represents Los Angeles' 26th Senatorial District. She is a leading advocate for women's and children's issues and has vigorously pursued a legislative agenda addressing their health needs, economic circumstances, and legal rights. She also champions civil rights causes; the disabled and the disenfranchised are among her special concerns. Senator Watson has carried pioneering legislation on domestic violence, hate crimes, rape, child care services, health research and development, reproductive health, and medical ethics and access to health care.

Diane Watson was born in Los Angeles, and has been a lifelong resident of that area. She earned her Bachelor of Arts degree in Education from the University of California, Los Angeles, and went on to do graduate work, receiving a Master of Science Degree in School Psychology from California State University, Los Angeles and a doctorate in Educational Administration at Claremont Graduate School. She has either taught, counseled, or administered at all levels of public education in California. In 1975, Diane Watson become the first African-American elected to serve on the Board of Education of the Los Angeles Unified School District, where she was a major player in the movement to desegregate Los Angeles' schools.

Senator Watson serves on a number of key Senate committees but her concern for the welfare of her constituents is most clearly revealed by her unfailing involvement in the work of the Health Advisory Task Force in her district.

FCL is grateful for the opportunity to honor Senator Watson at its Annual Dinner. We urge our readers and supporters to join us for the occasion. More details are available at (916) 443- 3734.