SACRAMENTO, Calif. — Governor Gavin Newsom announced November 5, 2026, that he would commute the death sentences of all 548 people under capital sentences in California to life imprisonment without the possibility of parole. The plan could represent the largest mass commutation of death sentences in American history, but it is not complete: 382 of those cases require a recommendation from the California Supreme Court before the governor can grant clemency.
The distinction matters. No one will be freed as a result of the proposed commutations. The governor’s formal explanatory statement says the recipients will remain in prison, ineligible for parole. Their convictions, other components of their sentences and restitution orders will remain in place.
Why 382 cases need court review
Article V, Section 8 of California’s Constitution requires the governor to obtain a recommendation from at least four justices of the California Supreme Court before granting clemency to someone convicted of more than one felony. Newsom’s November 5 filing identifies 382 condemned people who meet that condition. The other 166 cases are not subject to that particular court-review requirement.
That means nearly 70% of the proposed commutations still face an additional constitutional step. The court’s recommendation is a check on executive clemency authority, rather than a fresh trial or a review of each person’s guilt. The governor must still execute the relevant clemency grants.
California’s death penalty statute has not been repealed. Prosecutors may still pursue capital sentences under existing law; Thursday’s announcement concerns people already sentenced to death.
What the governor said—and the history behind the announcement
Newsom has opposed capital punishment for decades. In March 2019, shortly after taking office, he imposed a moratorium on executions, but that reprieve did not erase death sentences. California’s last execution occurred in January 2006.
In a letter accompanying the latest decision, Newsom argued that state executions conflict with his understanding of justice and human dignity. Supporters also point to the risk of wrongful convictions, costly litigation and racial disparities in capital punishment. Those concerns are longstanding subjects of research and litigation, not findings that every California death sentence was imposed unlawfully.
California voters rejected efforts to abolish the death penalty in 2012 and 2016. The legal authorization for capital punishment therefore remains in place unless amended through a separate legislative, judicial or ballot process.
Victims’ families and advocates react differently
The announcement has prompted divergent responses. The American Civil Liberties Union welcomed the move, citing concerns about bias and errors in death-penalty cases. Orange County District Attorney Todd Spitzer criticized Newsom’s decision, arguing that it disregards the judgments reached in capital cases and the suffering of victims’ families.
Families affected by capital crimes are not united on the question. Some favor retaining death sentences as an expression of accountability; others say prolonged appeals and the prospect of execution add to their distress. The conflicting responses should not be reduced to a single position attributed to all survivors.
What happens now?
The California Supreme Court must consider the 382 clemency matters requiring its recommendation. The governor’s office must then finalize the commutations as permitted. Until those steps occur, the announcement should not be described as 548 completed sentence changes.
The broader impact may extend beyond California. According to the Associated Press, completion of the full set of commutations would reduce the number of people on death row across the United States by nearly 30%. It would not, by itself, abolish capital punishment in California or nationally.
Video coverage: ABC7: Newsom says he will commute all California death sentences. The broadcaster’s video and report describe the November 5 announcement.
Featured photograph: San Quentin State Prison, photographed in 2005. Jjz3d83 / Wikimedia Commons, public domain. This archival photograph was not taken during the 2026 announcement. Original and rights documentation.
Sources and further reading
- Governor of California, November 5 explanatory statement (primary legal document)
- Governor of California, commutation process and Supreme Court review
- Associated Press, November 5 report
- CalMatters, November 5 report and reactions
- ACLU of Southern California, November 5 response
- Orange County district attorney, November 5 response
