California has struggled with the administrative and financial burdens of a flawed death penalty system for decades. In an effort to save the death penalty, the voters of California enacted Proposition 66, which promised to deliver a quicker and more cost-effective system. This Article focuses on the provision of Prop. 66 that expands the number of lawyers who can act as defense lawyers for inmates on death row. While this provision superficially seems to solve the shortage of defense attorneys willing to take on death penalty cases, without significant funding, the shortage of resources and pressure to speed up executions may lead to significant constitutional violations. This Article proposes solutions that emphasize a cost-benefit analysis and considers public policy concerns for the future of the death penalty in California.
Flavia Costea, Burning a Hole in the Pocket of Justice: Prop. 66's Underfunded Attempt to Fix California's Death Penalty, 52 Loy. L.A. L. Rev. 239 (2019).