Los Angeles District Attorney Nathan Hochman has announced a significant policy shift by allowing prosecutors to once again seek the death penalty in certain cases. This decision reverses a key policy set by his predecessor, George Gascón, who had effectively placed a moratorium on capital punishment.
Hochman, who took office in December 2024 after defeating Gascón, had campaigned on the promise to reinstate the death penalty. His announcement comes as no surprise to those who followed his campaign, where he emphasized a tougher stance on crime.
Under California law, the death penalty can only be pursued in murder cases that involve special circumstances. This includes instances of multiple murders or the killing of law enforcement officers or witnesses. If prosecutors choose not to seek the death penalty, defendants face life in prison without parole.
In a statement, Hochman expressed his commitment to thoroughly evaluate each special circumstance murder case. He plans to consult with the victims’ families and consider both mitigating and aggravating factors before deciding on the appropriate punishment. Hochman indicated that he would only pursue the death penalty in exceptional cases, such as school shootings or attacks on police officers.
The decision to reinstate the death penalty policy will be overseen by a Special Circumstances Committee within the District Attorney’s office. This committee will include Chief Deputy Steve Katz and three other senior prosecutors. Hochman will have the final say on any death penalty cases.
However, the practical impact of Hochman’s policy change may be limited. Governor Gavin Newsom imposed a moratorium on the death penalty in 2019, and it seems unlikely to be lifted as long as Democrats hold power in the state legislature and governor’s office.
Opponents of the death penalty have voiced concerns about its fairness, arguing that it disproportionately affects Black and Latino defendants. They also point to the risk of irreversible mistakes in the justice system. Los Angeles County Public Defender Ricardo Garcia criticized Hochman’s decision, calling it a step backward for the county and highlighting its potential to harm marginalized communities.
As Hochman implements this new policy, many will be watching closely to see how it affects the prosecution of serious crimes in Los Angeles.