What is it?

When California voters decide the fate of Proposition 34 this fall, they will also decide the fate of current and future death row inmates. Proposition 34 repeals the death penalty as the strictest punishment for convicted murderers and, according to the 2012 California official voter information guide, “replaces it with life imprisonment without possibility of parole.”

The proposition applies retroactively to those already sentenced to death while ensuring that those found guilty of murder work while in prison, with their wages “subject to deductions to be applied to any victim restitution fines or orders against them.”

The law also assigns an additional $100 million to law enforcement agencies specifically for the “investigations of homicide and rape cases.”

Pros/Cons

The proponents of Prop. 34 argue that there have been more than 100 cases of innocents people sentenced to death and that some of those innocents have been executed. The proponents also argue that “an impartial study found California will save nearly $1 billion in five years” by replacing the death penalty with life imprisonment due to the extended appeals process afforded to death row inmates on the taxpayers’ dime as well as the elimination of special housing for death row inmates.

Those in favor of the proposition also argue that “almost half of all murders and over half of all rapes go un-solved” every year, and that the funds spent on death row inmates could be better spent on solving these crimes. They also state that “every person justly sentenced to life in prison without possibility o f parole since 1977 is still locked up or has died in prison.”

Opponents argue Governor Jerry Brown has stated that innocents on death row in California are not a reality, while former California Finance Director Mike Genest says the $100 million dollars the proposition details for law enforcement comes from the state’s general fund and that “Prop. 34 will cost taxpayers millions more annually by guaranteeing murderers lifetime housing and healthcare benefits.”

Opponents also argue that the work requirement can be met by basic physical education and that it denies justice to the victims’ families. They also argue that less than 2 percent of murderers are sentenced to death and those who receive the death penalty have committed crimes so heinous as to be shocking to the jurors who unani-mously deliver the sentence.

Supporters and opponents

Law enforcement officials have landed on both sides of the debate over Proposition 3 4 , with the Peace Officers’ Research Association of California, the California State Sheriffs’ Association and the California District Attorneys Association in opposition to the proposition, while Jeanne Woodford, former warden of San Quentin State Prison, Gil Garcetti, former district attorney of Los Angeles County, and Hon. John Van de Kamp, former California attorney general support the proposition.

Prop. 34 is also supported by organizations such as the League of Women Voters of California and individuals such as retired Judge LaDoris Cordel and Mayor Antonio R. Villaraigosa of Los Angeles, while former Governor of California Pete Wilson opposes Prop. 34.

Student Impact

Prop. 34 would have little to no impact on California students, aside from the redistribution of funds. $100 million the proposition would direct from California’s general fund to law enforcement agencies, although the proponents argue that the long-run savings to the state would be far greater.

Funding pro and con

Prop. 34 has received approximately $7 million worth of support from individuals and organizations as of Oct. 24. The Atlantic Advocacy Fund has contributed $1 million, while five separate chapters of the ACLU have together given nearly $370,000.

Individual contributions in support of the proposition include $1 million from Nicholas Pritzker of the Hyatt Hotel chain legacy and $250,000 from Netflix CEO Reed Hastings. Employees of Google and Oracle have also made significant contributions.

Opponents of Prop. 34 have contributed less than $1 million, with the largest contributions coming from the Peace Officers’ Research Association of California with contributed nearly $190,000. Other law enforcement agencies like the California Association of Highway Patrolmen and the Association for Los Angeles Deputy Sheriffs have made numerous smaller contributions.