Los Angeles DA Rolls Back Ban on Pursuit of Death Penalty

Los Angeles County District Attorney Nathan Hochman has reversed his predecessor’s ban on capital punishment, reinstating the death penalty for extreme murder cases, but California’s statewide execution moratorium remains in effect.

Key Takeaways

Los Angeles DA Nathan Hochman has reinstated the possibility of seeking the death penalty for extreme murder cases, overturning former DA George Gascón’s blanket ban.
The policy change applies to special circumstance murders and will involve an extensive review process including input from victims’ families and defense attorneys.
Despite this change, no executions are currently taking place in California due to Governor Gavin Newsom’s 2019 moratorium, with the last execution occurring in 2006.
Los Angeles County currently has 206 inmates under death sentences, making up about one-third of California’s death row population.
The policy shift reflects broader debates on capital punishment in California, with some legislators supporting Hochman’s stance while others view it as a step backward.

Hochman Reverses Predecessor’s Policies

Los Angeles County District Attorney Nathan Hochman announced that his office will again consider seeking the death penalty in certain murder cases, delivering on a campaign promise and marking a significant policy reversal. The change, effective immediately, overturns former District Attorney George Gascón’s blanket prohibition against capital punishment cases. Hochman’s office described the previous administration’s approach as “extreme,” signaling a shift toward what he characterizes as a more balanced approach to justice in the nation’s most populous county.

The policy change reinstates prosecutors’ ability to pursue capital punishment specifically for murder cases with special circumstances, such as killings involving multiple victims, law enforcement officers, or particularly heinous methods. While theoretically expanding sentencing options, Hochman emphasized that the death penalty would be reserved for exceedingly rare cases after thorough evaluation, pointing to examples like the Sandy Hook and Las Vegas mass shootings as potential scenarios where capital punishment might be considered.

#BREAKING: Los Angeles County District Attorney Nathan Hochman has announced that he has "rescinded" the prior D.A.'s moratorium on seeking the death penalty in murder cases. Details: https://t.co/Hx5idcryv3 pic.twitter.com/MGiAKfWNpF

— KTLA (@KTLA) March 25, 2025

Implementation Process and Limitations

Under the new guidelines, capital cases will undergo extensive review with multiple safeguards. “I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County,” Hochman said in a statement.

“The district attorney has to do his job and put the death penalty on the table for consideration,” Hochman explained regarding his stance on capital punishment. This participatory approach marks a significant departure from Gascón’s administration, which not only banned seeking new death sentences but actively worked to resentence death row inmates to life imprisonment, successfully converting 36 cases during his tenure.

California’s Complex Capital Punishment Landscape

Despite Hochman’s policy shift, actual executions remain on hold throughout California. Governor Gavin Newsom imposed a moratorium on the death penalty in 2019, closing the execution chamber at San Quentin State Prison and repealing the state’s lethal injection protocol. California has not carried out an execution since 2006, and San Quentin, once home to the state’s male death row, was renamed San Quentin Rehabilitation Center in 2023, reflecting broader criminal justice reform efforts.

The state currently houses 592 condemned prisoners, with 206 originating from Los Angeles County cases. Many of these inmates have already been moved from death row to general population units in other prisons following the passage of Proposition 66 in 2016, which mandated integrating death row inmates into the general prison population and requiring them to work toward victim restitution. This complex legal landscape creates a situation where prosecutors can seek death sentences that may never be carried out. However, Newsom is scheduled to leave office at the end of his term in 2027, leaving the future of the moratorium after he departs up in the air.