In the News

Elisabeth Semel in the news:

Voters could have say on death penalty as death row backs up

Elisabeth Semel interviewed by The California Report, KQED-FM, Jan. 15, 2016

“It’s really a disservice to the people of the state to perpetuate something that not only doesn’t work effectively, but really is irreparable. … The prospect of executing 745 people is illusory.  So, there will be a randomness to the number of people we execute in the state until we finally recognize that we’re done with it.”

9th Circuit impugns Arizona’s sentencing

Elisabeth Semel interviewed by Daily Journal (registration required), Dec. 30, 2015

“It is entirely in keeping with the precedent of the U.S. Supreme Court,” Semel said. In recent cases reviewing the use of a causal nexus rule in Texas, the U.S. Supreme Court held that a “nexus requirement prevents a sentencer from giving meaningful consideration to constitutionally relevant mitigation,” Semel said.

Prosecutor’s memory lapse yields habeas relief

Elisabeth Semel interviewed by Daily Journal (registration required), Nov. 23, 2015

“I think the court was more generous with the prosecutor than I would have been … especially since the panel acknowledged that the prosecutor basically regurgitated the state court’s rank speculation as to why he might have struck the juror. It was as if the state court provided him a script.”

9th Circuit finds prosecutor excluded juror based on race, reverses murder conviction

Elisabeth Semel quoted in Daily Journal (registration required), Oct. 27, 2015

The state Supreme Court, which affirmed Crittenden’s conviction back in 1994, would likely take issue with both the majority and the dissent’s approval of “comparative juror analysis” as a tool for resolving these issues, according to Elisabeth A. Semel.

Pope Francis and the future of the death penalty

Elisabeth Semel interviewed by, September 24, 2015

“I do not believe in prognostication,” she said in an interview. But she allowed that, “it is fair to say we may be approaching a crossroads based on signs from multiple sources,” including popular opinion, legislatures, policymakers and declining death sentences and executions.

The worst of the worst

Elisabeth Semel quoted in The New Yorker, September 14, 2015

Elisabeth Semel, the Berkeley professor, notes that, with a death-qualified jury, “you are starting out with a jury that is conviction-prone and death-prone, because if they weren’t they wouldn’t be sitting there.”

Exclusion of blacks from juries raises renewed scrutiny

Elisabeth A. Semel quoted in The New York Times, August 16, 2015

“If you repeatedly see all-white juries convict African-Americans, what does that do to public confidence in the criminal justice system?” asked Elisabeth A. Semel.

Will Supreme Court ruling reopen death chamber at San Quentin?

Elisabeth Semel quoted in The Press Enterprise, June 29, 2015

“It is premature to speculate about how this is going to play out,” said Elisabeth Semel. “The future of the death penalty in California is very much up in the air.”

California now under pressure to propose lethal injection method

Elisabeth Semel quoted in Los Angeles Times, June 29, 2015

Anyone who considers California’s resumption of executions “needs also to contemplate the fact that this means we are going to put to death 750 people”—the approximate number on death row—“which I don’t think anyone has the appetite for,” she said.

9th Circuit overturns state Supreme Court and vacates a man’s death sentence

Elisabeth Semel interviewed for Daily Journal (registration required), June 3, 2015

“The 9th Circuit has not hesitated to take on the California Supreme Court when it concludes that the high court has given short shrift to federal constitutional requirements, and did so today in Pensinger.” The circuit panel found that the omitted instruction, Semel noted, “is a constitutional necessity, not mere state law nicety.”

At high court, a new era on death penalty

Elisabeth Semel quoted in Daily Journal (registration required), April 28, 2015

“It’s important to be cautious about talking of a sea change at the Supreme Court, but in the broader view there is a very concrete acknowledgement that it’s important to explore how influenced jurors are by arguments that defendants will be a danger. This issue of future dangerousness if the defendant is not put to death is on the minds of jurors, and the court is really underscoring how decisive that argument can be.”

9th Circuit overturns death penalty

Elisabeth Semel quoted in Daily Journal (registration required), April 1, 2015

“Our clients are forced to deal with the public shame and enormous repercussions of their actions during the litigation of their case,” said Elisabeth Semel … “But it’s the norm. These are the narratives that have to be told for juries and courts to understand how the lives of our clients were derailed.”

America has a jury selection problem—and it’s killing black people

Elisabeth Semel quoted in Takepart, April 1, 2015

“White people are always thinking about getting out of [jury duty] as opposed to being excluded from it,” Semel said. “That’s a luxury. There’s a focus on the killing of African American young men by police officers, but there’s another kind of violence here, in stripping away the civil rights of people when they’re eliminated from juries based on race.”

Defense lawyers gaining ground in state legislature

Elisabeth Semel quoted in Daily Journal (registration required), September 10, 2014

“It’s an exciting development to see that there’s more interest and receptivity to legislation that improves protections for people accused of crimes.”

Atty. Gen. Harris seeks to overturn ban on California executions

Elisabeth Semel quoted in Los Angeles Times, August 21, 2014

Elisabeth Semel … said it was impossible to predict what the 9th Circuit might do. She said the Supreme Court has not directly addressed the issues raised by Carney. “The court has rejected delay as a viable 8th Amendment challenge in some cases, yes, but it hasn’t done so definitively.”

9th Circuit chief judge calls for firing squads in opinion

Elisabeth Semel quoted in Daily Journal, July 22, 2014

Elisabeth A. Semel … added that Kozinski will no doubt be quoted and discussed as lawmakers come to grips with the problems inherent in the lethal injection method. “Yes, there will be more talk now in state legislatures fueled by what Judge Kozinski said,” Semel said. “Although his bigger picture message today isn’t going to alter the litigation over what is going on in Arizona.”

Ruling against death penalty based on judges’ law review articles, studies

Elisabeth Semel quoted in Daily Journal, July 18, 2014

Elisabeth A. Semel said it was important to Carney’s opinion “that he has two 9th Circuit judges to rely on who have thought carefully about the California death penalty.” Semel, the director of the school’s Death Penalty Clinic, said Kozinski in the mid-90’s gets credit “for looking forward to see it’s going to be an ever bigger mess” as more inmates were sent to death row even as the pace of executions slowed.

What the ruling on California’s death penalty means

Elisabeth Semel interviewed by Uprising Radio, July 18, 2014

“The delays are fundamentally, primarily, the function of the state’s inability to move these cases any more quickly. The process is arbitrary; there is no rational distinction between individuals who are ultimately executed and those who are not—and instead spend twenty-five plus years on death row—and that in essence violates the 8th amendment’s prohibition on cruel and unusual punishment.”

Federal judge rules California death penalty unconstitutional

Elisabeth Semel quoted in Los Angeles Times, July 16, 2014

Elisabeth Semel … described Wednesday’s decision as “unprecedented in the modern death penalty in California.” “This is an issue that has been discussed in California for decades,” she said. “What he did is both amass and synthesize what [this means] in the context of the 8th Amendment.”

California death penalty system is unconstitutional, federal judge rules

Elisabeth Semel quoted in The New York Times, July 16, 2014

Calling it “a stunningly important and unprecedented ruling,” Elisabeth A. Semel … said that the “factually dense” and “well-reasoned” opinion was likely to be cited in other cases in California and elsewhere.