Hochman’s Death Penalty Decision Faces Strong Resistance from Public Defenders
Los Angeles County District Attorney Nathan J. Hochman has announced a major shift in policy regarding the prosecution of special circumstance murder cases, reinstating the possibility of seeking the death penalty in Los Angeles County. The move, which reverses the previous administration’s blanket prohibition on capital punishment, has sparked strong opposition from the Los Angeles County Public Defender’s Office.
The most recent statistics released by the LAPD show that violent crime actually decreased in the years since 2020, including 2024. Governor Newsom ordered a moratorium on the death penalty in 2019 when he took office, and there is a standing court order that prohibits the use of the death penalty in the state as of 2006.
Under the new policy, prosecutors will now consider pursuing the death penalty only in “exceedingly rare” cases following a rigorous review process. The decision will involve consultation with a Special Circumstances Committee, as well as input from the families of murder victims and defense counsel. Additionally, the standard for charging such cases will be elevated to “beyond a reasonable doubt” rather than the prior standard of probable cause.
“I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County,” Hochman stated. “In consultation with the murder victim’s survivors and with full input on the mitigating and aggravating factors of each case, we will ensure that the punishment sought is just, fair, fitting, and appropriate.”
Hochman emphasized that, in most cases, the District Attorney’s Office will instead pursue life without the possibility of parole as the primary sentencing alternative to capital punishment.
The decision to reinstate the death penalty has drawn sharp criticism from the Los Angeles County Public Defender’s Office, which argues that capital punishment is an outdated, racially biased, and fundamentally flawed system.
“The death penalty is a cruel and irreversible punishment that is racially biased and ineffective as a deterrent,” said Public Defender Ricardo Garcia. “This decision doubles down on a system that has disproportionately harmed the poor and communities of color.”
Garcia pointed to the risk of wrongful convictions, noting that innocent individuals have been sentenced to death in the past. “Even one time is too many to justify state-sanctioned, intentional killing,” he added.
Beyond ethical concerns, Garcia also cited the financial burden of capital cases, which are significantly more costly than life imprisonment due to prolonged legal proceedings, appeals, and incarceration expenses.
“Returning to the death penalty further exacerbates state and county economic challenges,” Garcia said. “The death penalty comes at a great cost to taxpayers with no impact on public safety. I urge DA Hochman to reconsider this decision and instead commit resources to programs proven to promote justice and reduce recidivism.”
