LA County DA To Allow Prosecutors To Pursue the Death Penalty in Some Cases

Los Angeles County District Attorney Nathan Hochman has reinstated the death penalty for exceptionally heinous crimes, reversing his predecessor’s blanket ban and igniting debate about capital punishment in California.

Quick Takes

Nathan Hochman rescinded former DA George Gascón’s total ban on seeking the death penalty in Los Angeles, fulfilling a key campaign promise.
The new policy will only apply to “exceedingly rare” murder cases with special circumstances after thorough review.
Input from victims’ families and defense attorneys will be considered in death penalty decisions.
Governor Newsom’s 2019 statewide moratorium on executions remains in effect, but his term will end in 2027, leaving the future of executions in the state uncertain.

Reversal of Blanket Ban Signals Shift in LA County

Los Angeles County District Attorney Nathan Hochman announced a policy change regarding capital punishment, rescinding his predecessor’s complete prohibition on pursuing the death penalty. Hochman declared, “Effective immediately, the prior administration’s extreme and categorical policy forbidding prosecutors from seeking the death penalty in any case is rescinded.” The move marks a significant departure from former DA George Gascón’s policy, which had banned prosecutors from pursuing capital punishment in all cases and advocated for resentencing death row inmates to life imprisonment. Hochman’s decision fulfills a promise that he made on the campaign trail.

The new policy doesn’t mean Los Angeles will see a surge in death penalty cases. Hochman’s office emphasized the death penalty would be sought only in “exceedingly rare” cases following extensive review. Examples of potential cases might include mass shootings like Sandy Hook or Las Vegas, multiple murders, or killings of law enforcement officers. In California, prosecutors can only pursue capital punishment for murder with special circumstances, such as cases involving multiple victims, torture, or murders committed during other felonies. Los Angeles County currently has 206 condemned prisoners, though many have been transferred from death row to general population in other prisons.

The district attorney has explained his position by stating that “the district attorney has to do his job and put the death penalty on the table for consideration.” This stance directly opposes Gascón’s previous position that the death penalty is tied to racism and ineffective at deterring crime. Critics of Hochman’s decision, such as Jess Farris of the ACLU of Southern California, condemn capital punishment as a “failed and cruel policy” that many jurisdictions have moved beyond. This tension reflects the nationwide struggle between traditional approaches to criminal justice and reform movements seeking alternatives to the harshest punishments.

Los Angeles County DA Nathan Hochman says prosecutors will start seeking the death penalty in some murder cases. https://t.co/iY7CkZgJ7q

— 48 Hours (@48hours) March 26, 2025

State Moratorium Creates Complicated Landscape

Hochman’s policy change occurs against the backdrop of Governor Gavin Newsom’s 2019 executive order placing a moratorium on executions in California. This order included repealing the lethal injection protocol and closing the execution chamber at San Quentin State Prison, which was renamed San Quentin Rehabilitation Center in 2023. Despite these actions, the death penalty remains legally available in California, with the last execution having taken place in 2006. This creates a situation where prosecutors can seek death sentences that cannot currently be carried out, leaving condemned inmates in a state of legal limbo.

State Assemblyman Tom Lackey has vocally supported Hochman’s stance while criticizing Newsom’s moratorium. Meanwhile, California voters have had conflicting views on capital punishment. While 2016’s Proposition 66 aimed to speed up the death penalty process and required death-row inmates to work for victim restitution, it also mandated the phase-out of segregated death row units. California currently houses 592 condemned prisoners, the largest death row population in the nation, though executions remain halted. Newsom is expected to leave office in early 2027, leaving the future of executions in the state unclear.