81 S. Cal. L. Rev. Postscript 1 (2008)

handle is hein.journals/pstscrpt81 and id is 1 raw text is: 











                        POSTSCRIPT



  WOULD CALIFORNIANS HAVE THE

  COURAGE OF THEIR CONVICTIONS

            IN   THE FACE OF A FULLY

    FUNCTIONING DEATH PENALTY?


                           JEAN ROSENBLUTH*


Responding  to Judge Arthur  L. Alarc6n, Remedies for California's Death
Row  Deadlock, 80 S. CAL. L. REV. 697 (2007).
     Californians overwhelmingly  support the death penalty, we are told. In
the most  recent Field Poll, conducted in 2006,  nearly two-thirds of the
State's denizens expressed  support  for this harshest of penalties when
imposed  for the most  serious crimes.1 But I wonder  if their support is
something  like my  opposition: as lukewarm   as the Chinese  food I had
delivered last night. Perhaps they, like I, have formed their views and the
depth of their attachment to them in the abstract, given how few executions
actually take place in this State. As my father, a fellow Californian, used to
say, I oppose the death penalty, but it's about last on my list of things to

     * Director of Legal Writing and Advocacy and Clinical Associate Professor of Law at the USC
Gould School of Law. Before joining USC, I was a federal prosecutor in the Central District of
California for seven years, primarily in the criminal appeals unit. As a law clerk to the Honorable
Alicemarie H. Stotler, Chief Judge of the U.S. District Court for the Central District of California, I
worked on a pending death penalty habeas case.
       I would like to thank Kai Bartolomeo for his thorough and timely research assistance, always
delivered with a smile. I could not have completed this comment without his help. I would also like to
thank Yael Levy, a fellow former prosecutor and a wise and thoughtful death penalty opponent, for her
comments on my draft.
    1. MARK  DICAMILLO & MERVIN FIELD, FIELD RESEARCH CORP., WHILE STILL STRONGLY
SUPPORTING THE DEATH PENALTY, CALIFORNIANS HAVE MIXED VIEWS ON SOME ASPECTS OF
CAPITAL PUNISHMENT: MAJORITY OPPOSES THE DELAY IN THE MORALES EXECUTION 2 tbl.1 (2006),
available at http://www.field.com/fieldpollonline/subscribers/RLS2183.pdf.


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