California Governor Gavin Newsom has moved to commute all 548 death sentences in the state to life in prison without the possibility of parole. The Death Penalty Information Center describes the November 5, 2026 announcement as the largest mass clemency in American history. However, the commutations are not all final yet, because most of them still need approval from the California Supreme Court before they can take effect.
The decision covers the largest death row in the country, and the state has not carried out an execution since 2006. It also raises difficult legal questions about the governor’s clemency power, the role of the state’s highest court, and the rights of crime victims’ families. This guide explains what happened, how the process works, and what could come next.
What Did Governor Newsom Announce?
In an open letter to Californians, Newsom said he acted because state-sanctioned killing is incompatible with California’s values. Under his plan, every person currently under a death sentence would instead serve life without parole. The convictions themselves remain in place, and capital punishment is still legal in California, so prosecutors can continue to seek death sentences in new cases.
According to CalMatters, Newsom also said the people covered by the order will not be eligible for the state’s new parole board commutation and resentencing regulations. He explained that he considered commuting only some sentences but decided that separating cases would create two classes of murder victims, those whose offenders deserve execution and those whose offenders do not.
The announcement builds on steps he took earlier. In 2019, he placed a moratorium on executions and later dismantled the execution chamber at San Quentin State Prison. Since 2024, male prisoners have been moved out of San Quentin’s death row units and distributed among other prisons.
Which Commutations Need California Supreme Court Approval?
The governor’s clemency power comes from Article V, Section 8 of the California Constitution. That power has one important limit: when a person has been convicted of more than one felony, the governor may grant a commutation only if the California Supreme Court recommends it, with at least four justices concurring.
Reports indicate that 382 of the 548 people on death row fall into that multiple-felony category. The other 166 do not require a court recommendation, although the governor’s office has said the commutations will not go into effect until the necessary legal steps are completed. Reports differ slightly on the exact timing for those 166 cases, so readers should check official updates.
Legal experts disagree about how closely the court must examine the requests. Some constitutional scholars say the governor’s authority is broad and the court’s role is limited to deciding whether he abused it. Critics, including the Criminal Justice Legal Foundation, argue that the court has historically reviewed these requests one case at a time. Newsom has asked the court to act by the end of 2026, but his term ends in early January, and reporting indicates his documents do not say what happens if the court has not finished by then.
Commutation vs. Pardon vs. Reprieve: What Is the Difference?
Executive clemency is an umbrella term, and the different forms have very different effects. Understanding them helps explain why the conviction remains even though the death sentence is removed.
- Commutation: Replaces a sentence with a lesser one, such as life without parole instead of death. The conviction stays on the record.
- Pardon: Forgives a conviction and can restore certain civil rights, but it is not the same as declaring someone innocent.
- Reprieve: Temporarily delays a sentence from being carried out, which is the logic behind an execution moratorium.
For a broader overview of how serious offenses are classified and punished, see our guide to criminal law, its types, and real examples.
Why Supporters Say the Decision Was Necessary
Supporters, including the ACLU and the Death Penalty Information Center, point to several reasons the system has stalled. According to the Death Penalty Information Center, California has spent an estimated $6 billion on the death penalty since it was reinstated in 1978 and carried out only 13 executions in that time. A May 2026 report from the state’s Habeas Corpus Resource Center found that about 70 percent of death row prisoners were still waiting for counsel to be appointed for their appeals, and two-thirds were sentenced more than 20 years ago.
Advocates also cite racial disparities in who is sentenced to death, and note that eight people have been exonerated from California’s death row. A related constitutional challenge is already pending in Sacramento Superior Court after the California Supreme Court ordered the attorney general in May 2026 to show cause why relief should not be granted. That order did not decide that the system is unconstitutional.
Some victims’ family members have also backed the move. Jess Nichol, the sister of Polly Klaas, said she once believed the man who killed her sister deserved execution but now believes an execution has nothing to do with her recovery or public safety.
Why Prosecutors and Victims’ Advocates Are Pushing Back
The California District Attorneys Association and a number of local district attorneys have condemned the decision. Their main arguments are that a blanket commutation overrides the verdicts of juries and judges, ignores the voters who rejected repeal of the death penalty in 2012 and 2016, and disregards the wishes of victims’ families. Many prosecutors say clemency should be decided case by case rather than for everyone at once.
Anne Marie Schubert, a former Sacramento County district attorney who now leads the Criminal Justice Legal Foundation, has said her group plans to challenge the commutations in the California Supreme Court. She also argues that victims’ families were not notified in advance. Some prosecutors have said they are weighing a legal strategy, although a few acknowledge that it is a long shot given how clear the governor’s constitutional authority appears to be, according to a report on prosecutors’ reaction.
What Happens Next?
Several developments are worth watching over the coming weeks and months:
- Supreme Court review: The court must decide whether to recommend the 382 multiple-felony commutations, and it is not yet clear how quickly it will act.
- Legal challenges: Prosecutors and victims’ rights groups may file petitions, which could slow the process.
- New governor: Governor-elect Xavier Becerra has committed to extending the moratorium on executions after he takes office.
- New death sentences: Because the death penalty remains law, some prosecutors have said they will keep seeking it, and reporting indicates roughly 70 other capital cases are moving through California courts.
The impact reaches beyond California. The Death Penalty Information Center estimates that roughly 1,388 people remain under a death sentence nationwide after this action, the lowest figure since 1984, which means the commutations reduce the national total by nearly 30 percent if completed.
Frequently Asked Questions
Is the death penalty abolished in California?
No. The law still allows capital punishment. Because it was enacted by a voter initiative, repealing it would require a new ballot measure, and voters narrowly rejected repeal in 2012 and 2016.
Will anyone on death row be released?
Not under this plan. The commutations replace death with life without parole, and Newsom said these prisoners will not be eligible for the new parole board commutation and resentencing process.
Which well-known cases are affected?
News reports say the list includes Richard Allen Davis, convicted in the murder of Polly Klaas, as well as Charles Ng and Scott Peterson. Davis’s case is among those the governor is sending to the California Supreme Court for approval.
Is this different from a criminal appeal?
Yes. An appeal asks a court to correct legal errors in a trial, while clemency is an executive decision that changes the punishment without overturning the conviction. For more on how these systems differ, read our explainer on the differences between criminal law and civil law.
Key Takeaways
- Governor Newsom announced on November 5, 2026 that he will commute all 548 California death sentences to life without parole.
- 382 of the commutations require a recommendation from at least four California Supreme Court justices because of prior felony convictions.
- The convictions remain, and the death penalty is still legal for future cases.
- Supporters cite cost, delay, and racial disparities, while prosecutors and victims’ groups argue the order overrides juries, voters, and families.
- Legal challenges are expected, and the court’s timeline will decide how much of the plan is completed before the governor leaves office.
This article is for general information about a developing news story and is not legal advice. Details may change as the California Supreme Court and other courts act.
