California Proposition 17 (1972) in the context of California Supreme Court

Capital punishment is a legal penalty in the U.S. state of California. However, the penalty has not been carried out in that since 2006, due to a standing federal court order issued that year against the practice, and a 2019 moratorium on executions ordered by Governor Gavin Newsom. The litigation resulting in the court order has been on hold since the promulgation of the moratorium. Should the moratorium end and the freeze conclude, executions could resume under the current state law.

The state carried out 709 executions from 1778 until 1972 when the California Supreme Court struck down California's capital punishment statute in the case People v. Anderson. California voters reinstated the death penalty a few months later, with Proposition 17 legalizing the death penalty in the state constitution and ending the Anderson ruling. However, in the interim, the U.S. Supreme Court in Furman v. Georgia imposed a nationwide moratorium on capital punishment. Furman, along with continued challenges at the state level, delayed implementation of Proposition 17 for several years. As a result, the death penalty was not restored in California until 1977, under a statute approved by People v. Frierson in 1979.