The Death Penalty for Robbery and Grand Larceny?

Crime and violence was so prevalent in Gold Rush California that the new state went to extremes to try and combat the turmoil.  In the second session of the legislature, the senate and assembly, on 22 April 1851, amended "An Act Concerning Crimes and Punishments" for sections 59-61.

Here is the chapter and first two sections from the 1851 California statutes allowing for the death penalty in cases of robbery and grand larceny (involving more than $50 in property).

Section 59 specified that robbery, which had been subject to a punishment of from one to ten years in state prison was amnded so that "every person guilty of robbery shall be punished by imprisonment in the State prison for a term not less than one year nor more than ten years, or by death, in the discretion of the jury."

Section 60 dealt with grand larceny and the law had provided for a prison term from one to ten years in cases in which the amount of property stolen was more than fifty dollars.  The amendment, however, added the death penalty here, as well.

This is the third section of the amendment to the crimes and punishments act from April 1851 allowing up to 50 lashes "upon the bare back" for persons convicted of petty larceny (for property under $50 in value).

The final section, sixty-one, concerned petty larceny involving amounts under fifty dollars and the previous punishment  was up to six months in county jail and a fine of no more than $500.  The drastic change, though, provided that there could also be "any number of lashes not exceeding fifty upon the bare back, or by such fine or imprisonment and lashes, in the discretion of the jury."

While there were a very few instances of the application of the death penalty and of lashes in cases involving robbery, grand larceny and petty larceny, there were no examples of these occurring in Los Angeles County, even with its extraordinarily high rate of crime.

Given that the critical determination of employing these extreme measures was "in the discretion of the jury," it is evident the Los Angeles County juries were not willing to go to those lengths in rendering verdicts against those convicted of these crimes.

Remarkably, these legislative prescriptions were on the books for five years, but were finally repealed in April 1856.