Background First degree murder is generally defined as murder that is intentional or deliberate or that takes place during certain other crimes. A jury trial generally determines which penalty is to be applied when special circumstances have been charged and proven. Both the state and county governments incur costs for murder trials, including costs for the courts, prosecution, and defense of indigent persons charged with murder. The state also incurs costs for death penalty appeals both for prosecution of such cases and for defense of indigent persons. As of May 1999, the California Supreme Court had affirmed 189 death sentences under the automatic appeal process.
Many additional cases remain pending in the courts.
Seven persons have been executed since the current death penalty law was enacted in 1978. The measure would have a number of fiscal effects on the state and local governments. The major fiscal effects are discussed below. Murder Trial Costs. Elimination of the death penalty could result in reduced court time and workload in two ways.