California Governor Gavin Newsom on Thursday moved to commute the death sentences of all 548 people on the state’s death row, which would convert them to life imprisonment without the possibility of parole. If approved, the move would be the largest mass commutation of death sentences in American history. The California Supreme Court must approve the commutations for inmates convicted of multiple felonies, including 382 cases. The move, which Newsom described as a “righteous action,” has drawn praise from death penalty opponents and criticism from some victims’ relatives and prosecutors.
Newsom announced the decision in an open letter to Californians on Thursday, his final months in office before term limits force him to step down in January. The Democratic governor, who placed a moratorium on executions in 2019 and has long opposed capital punishment, said the state's death penalty system "is a failure" that "cannot be fairly applied" and has led to the conviction of innocent people.
California has the largest death row population in the United States and the western hemisphere, with 529 men and 19 women under sentence of death. No one has been executed in the state since 2006. If the commutations are fully approved, the number of people sentenced to death nationwide could drop by nearly a third, according to a Marshall Project analysis.
Newsom said he consulted crime victims and survivors, public safety experts and religious and civil rights leaders. He chose not to exclude any prisoners, writing that doing so would "inadvertently create two classes of murder victims." The California constitution requires the state Supreme Court to approve clemency for anyone convicted of more than one felony, meaning 382 of the cases must be reviewed by the justices.
Reaction was sharply divided. Jess Nichol, the sister of murdered 12-year-old Polly Klaas, issued a statement backing the decision: “I used to think the man who killed my sister deserved execution. But over time I've realized that whether he's executed has absolutely nothing to do with my recovery or with real public safety.” Polly Klaas’s father, Marc Klaas, told Fox News Digital: “Baby killers, cop killers, spree killers and serial killers have all found an ally in Gavin Newsom.”
The American Civil Liberties Union applauded the move. Executive director Anthony Romero said: "These commutations reflect what justice demands: an end to a racist, error-prone, and inhumane punishment that has burdened California for far too long." The California District Attorneys Association had previously sent a letter expressing "grave concerns" about the prospect of a blanket commutation, with president Jeannine M. Pacioni saying it would be "a profound disservice to the administration of justice."
Newsom acknowledged the painful impact on victims' families. “As governor, I alone bear responsibility for this decision and its impact, just as I alone would bear responsibility for each execution,” he wrote. The move comes after the failed execution of Christa Pike in Tennessee drew global outrage and renewed calls for a nationwide pause on capital punishment.
While the death penalty remains on the books in California and could be revived by a future governor, incoming Democrat Xavier Becerra has said he would extend the moratorium on executions. Newsom is considered a potential 2028 presidential candidate. Anti-death penalty groups are sponsoring a nationwide commercial that will frame the decision as an act of courage inspired by Martin Luther King Jr., Dolores Huerta and Robert F. Kennedy, according to The New York Times.
Analysis
Why This Matters
- The commutation affects 548 people, the largest death row in the U.S., and reduces the national death row population by nearly a third
- It marks a rare instance of a governor using clemency power broadly at a time when federal courts are less likely to halt executions
- The decision could influence other governors leaving office, including Republicans in Ohio and Kansas, to take similar action
Background
California has not executed anyone since 2006 and voters have upheld the death penalty at the ballot box twice, in 2012 and 2016. Newsom imposed a moratorium on executions shortly after taking office in 2019 and later dismantled the physical death chamber at San Quentin prison. The state's death sentencing system has been criticised for racial disparities and for leaving many inmates without legal representation for years. About 220 of the 548 inmates had waited 15 years or more for habeas counsel, and 139 had waited more than 20 years. The last governor to commute a comparably large number of death sentences was Republican George Ryan of Illinois, who commuted 167 sentences in 2003.
Key Perspectives
Gavin Newsom: "I take this action because I firmly believe that state-sanctioned killing is incompatible with California's values, undermines the foundations of our legal system, and diminishes each of us."
Jess Nichol (sister of murder victim Polly Klaas): "I used to think the man who killed my sister deserved execution. But over time I've realized that whether he's executed has absolutely nothing to do with my recovery or with real public safety."
Marc Klaas (father of Polly Klaas): "Baby killers, cop killers, spree killers and serial killers have all found an ally in Gavin Newsom."
Anthony Romero, ACLU executive director: "These commutations reflect what justice demands: an end to a racist, error-prone, and inhumane punishment that has burdened California for far too long."
Jeannine M. Pacioni, California District Attorneys Association president: "To simply erase all those judgments with the stroke of a pen, without considering the facts of each case or the families affected, would be a profound disservice to the administration of justice."
Jeanne Woodford, former California prisons director: "As someone who has carried out executions in California, I am haunted by the fear that we will execute an innocent person."
What to Watch
- The California Supreme Court's decision on the 382 commutations that require its approval, which could take months or years
- Whether incoming Governor Xavier Becerra maintains the moratorium as promised or faces pressure to resume executions
- The impact on 2028 presidential politics, as Newsom is considered a likely candidate and the decision could energise both supporters and opponents of capital punishment
Checked
12 claims in this story checked against 3 sources: 11 supported.
Show each claim
- SupportedNewsom moved to commute the death sentences of all 548 people on California’s death row.CalMatters: “California Gov. Gavin Newsom today moved to commute the death sentences of all 548 people facing execution in the state”
- SupportedIf approved, the move would be the largest mass commutation of death sentences in U.S. history.CalMatters: “If it does, Newsom’s action would be responsible for the largest mass commutation of death sentences in U.S. history.”
- SupportedThe commutations would convert the sentences to life without the possibility of parole.CalMatters: “allowing them to instead serve life sentences without the possibility of parole.”
- SupportedThe California Supreme Court must approve commutations in 382 cases involving people convicted of multiple felonies.Sydney Morning Herald - Latest News: “the state constitution requires the California Supreme Court’s approval to grant clemency to anyone convicted of a felony more than once, which means the court would have to approve 382 of those commutations”
- SupportedNewsom described the decision as a “righteous action.”World news | The Guardian: “I hold this painful truth along with the belief that this is a righteous action.”
- SupportedThe decision drew praise from death penalty opponents and criticism from some victims’ relatives and prosecutors.CalMatters: “Criticism of Newsom’s action — from victims’ groups, prosecutors, and police — began last month”
- SupportedNewsom announced the decision in an open letter to Californians on Thursday.Sydney Morning Herald - Latest News: “I take this action because I firmly believe that state-sanctioned killing is incompatible with California’s values, undermines the foundations of our legal system, and diminishes each of us,” Newsom said in an open letter on Thursday (US time).”
- Partly supportedTerm limits force Newsom to leave office in January.CalMatters: “Newsom, whose term ends in January”
- SupportedNewsom said California’s death penalty system “is a failure,” cannot be fairly applied, and has resulted in the conviction of innocent people.CalMatters: ““By every measure, California’s system for administering the death penalty is a failure,” Newsom wrote. “It has not been and cannot be fairly applied and has resulted in the conviction of innocent people.””
- SupportedCalifornia’s death row has 529 men and 19 women, and is the largest in the United States and the western hemisphere.Sydney Morning Herald - Latest News: “Newsom moved to grant clemency to 548 people who are currently sentenced to death in California, of which 529 are men and 19 are women, according to numbers provided by his office. California has more death row inmates than any other state”
- SupportedIf fully approved, the commutations could reduce the nationwide number of people sentenced to death by nearly a third, according to a Marshall Project analysis.CalMatters: “As a result of Newsom’s announcement, the entire population of people sentenced to death in the United States could drop by nearly a third, according to a Marshall Project analysis”
- SupportedJess Nichol said she used to think her sister’s killer deserved execution, but later realized his execution had nothing to do with her recovery or real public safety.CalMatters: ““I used to think the man who killed my sister deserved execution,” Nichol said. “But over time I’ve realized that whether he’s executed has absolutely nothing to do with my recovery or with real public safety.””