In a landmark move, Governor Gavin Newsom has commuted the sentences of all 548 individuals on California's death row, effectively ending capital punishment in the state. The decision, announced just before he leaves office, marks a dramatic reversal of decades of policy and sets the stage for a broader reckoning with the state's justice system.
Santa Clara County District Attorney Jeff Rosen, who once sought death sentences in multiple cases, has become a vocal advocate for this change. In a recent op-ed, Rosen detailed his evolution on the issue, citing the legacy of racial terror lynchings and the systemic inequities that plague capital punishment. His conversion reflects a growing shift among prosecutors who now question the morality and practicality of the death penalty.
Rosen pointed to the state's rejection of progressive fiscal measures as evidence of shifting priorities, but more directly, he highlighted the staggering costs and inefficiencies. California has spent over $6 billion on capital punishment since 1978, yet has carried out only 13 executions. More than eight in ten death sentences that completed judicial review have been overturned.
The racial disparities are stark: Black Californians make up about 6% of the population but over one-third of death row. Defendants are up to 8.8 times more likely to receive a death sentence when the victim is white. These numbers, Rosen argues, undermine any claim of fairness. "Only hubris would deny that it could happen in my office, too," he wrote, referencing the more than 200 exonerated death row inmates nationwide.
For victims' families, the death penalty has been a broken promise. Instead of closure, they face decades of appeals and hearings. In Santa Clara County, two men sentenced to death in 1997 still had not completed their direct appeals more than 20 years later. "That is not justice delayed," Rosen said. "It is justice suspended indefinitely."
Newsom's commutations do not erase convictions or release anyone from prison. But they remove the ultimate risk of executing an innocent person. This aligns with the recent legal battles over state ballot measures, where the state has asserted its right to set its own criminal justice policies.
Rosen, who stopped seeking capital punishment in 2020 and asked courts to resentence 12 men from his county, has seen the benefits firsthand. By narrowing post-conviction litigation, his office freed resources for victim services and crime prevention. He envisions a statewide shift toward violence prevention, mental health care, and rehabilitation programs.
"A prosecutor's duty is not just to win cases, but to seek justice," Rosen emphasized. "That includes recognizing when the system itself is causing harm." The governor's decision, he said, shows that public safety and human dignity can coexist.
As California moves forward, the challenge is to build a justice system that earns the trust of survivors and communities. Bryan Stevenson, founder of the Equal Justice Initiative, has long asked whether we deserve to kill. California has now answered, and the work of repair begins.
