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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. 1

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