Los Angeles County District Attorney Nathan J. Hochman has reinstated the death penalty as a prosecutorial option in murder cases with special circumstances, ending the previous administration's blanket prohibition on capital punishment.
The policy change, effective immediately, will allow prosecutors to seek the death penalty in what Hochman described as "exceedingly rare cases" and only after "extensive and comprehensive review." The announcement marks a significant shift in one of the nation's largest district attorney's offices.
"I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County," Hochman said in a statement announcing the policy change.
The new approach replaces what Hochman called an "extreme and categorical policy" from the previous administration that had forbidden prosecutors from seeking capital punishment in any case, regardless of circumstances.
Under the revised guidelines, defense attorneys will receive "enhanced opportunities" to present mitigating information about defendants to the Special Circumstances Committee and the district attorney when capital punishment is under consideration. The policy also mandates that views of murder victims' survivors be "sought and considered" before final determinations.
The district attorney's office indicated that in most cases, it would inform courts early in proceedings that it would pursue life imprisonment without parole rather than death. Additionally, the standard for charging in potential death penalty cases has been raised from "probable cause" to "beyond a reasonable doubt" at all stages of review.
The announcement drew immediate condemnation from Los Angeles County Public Defender Ricardo Garcia, who called the decision "a step backward for LA County."
"The death penalty is a cruel and irreversible punishment that is racially biased, and ineffective as a deterrent," Garcia said. "The death penalty doubles down on a system that has disproportionately harmed the poor and communities of color."
Garcia also criticized the policy's financial implications, saying that "the death penalty comes at a great cost to taxpayers with no impact to public safety."
The reinstatement comes amid ongoing national debate about capital punishment. Twenty-three states have abolished the death penalty, while 27 states still maintain it as a legal punishment. California, which has the largest death row population in the country, has not executed an inmate since 2006 due to legal challenges to its execution protocols.
Critics of capital punishment point to studies showing racial disparities in its application and documented cases of wrongful convictions, while supporters argue it provides justice for the most heinous crimes and closure for victims' families.
Hochman said his decision represents a middle ground between complete prohibition and aggressive pursuit, acknowledging what he called "an evolving determination that the death penalty should be restricted to the most egregious sets of circumstances."
The District Attorney's Office has not yet identified which specific types of murder cases might qualify for death penalty consideration under the new framework.
