Hochman reverses Gascón's death penalty ban in LA County

Los Angeles County District Attorney Nathan J. Hochman on Monday rescinded his predecessor's blanket ban on pursuing the death penalty, replacing it with a narrowly tailored policy that allows capital punishment only in the most exceptional cases following a rigorous review process.

"I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County, in consultation with the murder victim's survivors and with full input on the mitigating and aggravating factors of each case, to ensure that the punishment sought by the Office is just, fair, fitting, and appropriate," Hochman said in a statement.

The revised policy expands opportunities for defense counsel to present mitigating evidence and requires input from victims' survivors to be considered in death penalty decisions.

During his tenure, Los Angeles County District Attorney George Gascón implemented a strict ban on seeking the death penalty through Special Directive 20-11, prohibiting its use in all cases, including pending ones. He cited concerns over racial disparities, high costs, long delays and the risk of wrongful executions, arguing that capital punishment failed as a deterrent and was unjustly applied. The policy was part of his broader criminal justice reform agenda but drew criticism from some prosecutors and victims' families who felt it removed an important tool for addressing the most egregious crimes.

Gov. Gavin Newsom is opposed to the death penalty and, in 2019, issued a moratorium on executions, effectively halting them during his tenure. He dismantled the state's execution chamber and withdrew its lethal injection protocol, citing moral, racial and fiscal concerns, as well as the risk of wrongful convictions. While more than 600 people remain on death row, Newsom has not commuted their sentences, instead framing his actions as a temporary reprieve. He has voiced support for a permanent statewide repeal of capital punishment through legislative or voter action.

A July 2023 poll by Cygnal, a GOP aligned firm, showed that 53% of voters support the death penalty for convicted murderers in California, and just 21% are opposed. Among Democrats, support for the death penalty was 48%.