On April 24, 1972, the
Supreme Court of California ruled in
People v. Anderson that the current death penalty laws were unconstitutional. Justice
Marshall F. McComb was the lone dissenter, arguing that the death penalty deterred crime, noting numerous Supreme precedents upholding the death penalty's constitutionality, and stating that the legislative and
initiative processes were the only appropriate avenues to determine whether the death penalty should be allowed. The majority's decision spared the lives of 105
death row inmates, including
Sirhan Sirhan (
assassin of Robert F. Kennedy) and
serial killer Charles Manson.
[9] McComb was so upset about the
Anderson decision that he walked out of the courtroom.
Following the ruling, the
California Constitution was immediately modified to reinstate capital punishment, under an
initiative called
Proposition 17. In 1973 a new statute was subsequently enacted, making the death penalty mandatory for a number of crimes including first degree murder in specific instances, kidnapping where a person dies, train wrecking where a person dies, treason against the state, and assault by a life prisoner if the victim dies within a year.