LA District Attorney Reverses Blanket Ban on Death Penalty Prosecutions

Los Angeles County District Attorney Nathan J. Hochman announced Tuesday an immediate policy shift that lifts the previous administration’s “extreme and categorical” prohibition on seeking the death penalty in murder cases.

Under the new guidelines, prosecutors may pursue capital punishment only in “exceedingly rare cases” and after extensive and comprehensive review. The policy requires a “beyond reasonable doubt” standard for charging at all stages of review, rather than the previous “probable cause” threshold.

“I remain unwaveringly committed to the comprehensive and thorough evaluation of every special circumstance murder case prosecuted in Los Angeles County, in consultation with the murder victim’s survivors and with full input on the mitigating and aggravating factors of each case, to ensure that the punishment sought by the Office is just, fair, fitting, and appropriate,” Hochman said in a statement.

The policy change recognizes “an evolving determination that the death penalty should be restricted to the most egregious sets of circumstances,” according to the District Attorney’s office.

Defense attorneys will receive enhanced opportunities to present mitigating information about defendants to the Special Circumstances Committee and the District Attorney when capital punishment is under consideration. Prosecutors must also seek and consider murder victims’ survivors’ views before making final determinations.

The infrequency with which the death penalty will be sought in special circumstance murder cases will, in most cases, allow the District Attorney’s Office to inform courts at an early stage that it will pursue life imprisonment without parole instead of death.

The announcement marks a significant shift in how Los Angeles County will handle special circumstance murder cases.