[mikestew]

This resulted in killers like Charles Mason being relieved from execution and denying many victim's family member from obtaining a measure of justice they wanted.

And thus the state protects the convicted from the vengeful desires of the victim's family members and doles out the justice the community has deemed appropriate. Just because the victims pay the state to "string 'em up!" instead of doing it themselves doesn't mean it's not mob justice.

[WillPostForFood]

If by community you mean a few government elite, and some judges, then yes. If you mean the population of the state, a large majority at the time supported the death penalty, which why it was reinstated by popular vote soon after.

[greglindahl]

The population of the state simultaneously wanted the death penalty and to follow the Constitution. One role that the population of the state gave to judges is to referee these conflicting desires.

[WillPostForFood]

Not only did Californians vote to reinstate the death penalty, they then voted to impeach the justices of the State Supreme Court, including the Chief Justice, who actively blocked its use after it became law again. So I don't think there is much argument that the courts were just implementing the will of the people.

[magicalist]

> they then voted to impeach the justices of the State Supreme Court, including the Chief Justice, who actively blocked its use after it became law again

nobody was impeached. It was a normal judicial retention election.

[WillPostForFood]

You are correct, it was a retention election which typically is a rubber stamp approval.

[greglindahl]

I didn't make that argument. I was arguing that the people wanted contradictory things. The courts are just caught in the middle.

[WillPostForFood]

The people didn't want contradictory things, they wanted the death penalty, and they wanted the courts to implement it. The court wasn't caught in the middle, it was just composed of judges with opinions out of alignment with the general population.

[greglindahl]

So you don't think that the people want the Constitution, or the court system?