Why does any state have the death penalty?
Around the same time that SCOTUS handed down Furman v. Georgia that struck down all death penalty laws, the California Supreme Court also ruled the death penalty as categorically unconstitutional based on the California Constitution. In response, California voters in 1972 effectively overturned that decision through a constitutional amendment. In 1986, three Justices on the California Supreme Court lost their reconfirmation votes due to their opposition to the death penalty (allowing pro-death penalty Governor Deukmejian to appoint their successors). A repeal of California's death penalty narrowly failed in 2012 by a 48-52 margin.
I don't know if the death penalty can be repealed through the normal legislative process in California. I think a big reason as to why it isn't more strongly opposed is that it isn't used that often. California easily has the largest death row in the country, but actual executions have been quite rare. I'm of the opinion that support for the death penalty would fall if the state used it, particularly if it were to reach the levels of some of the Southern states (such as Texas, Oklahoma, or Virginia). In California, it seems to be almost an abstract issue.
