Does the new majority of the California Supreme Court make up for its error in rejecting the death penalty?

The new majority, however, makes up for this lapse by calling attention to another error. The prosecutor argued that defendant should be given the [45 Cal.3d 305] death penalty because, if imprisoned for life without possibility of parole, defendant might escape, and then "how safe would we be?" As Chief Justice Traynor explained in People v. White (1968) 69 Cal.2d 751, 762, 72 Cal.Rptr. 873, 446 P.2d 993, such an argument "erroneously invited the jury to speculate ... as to the possibility that in the future prison officials might be ineffective in the discharge of their duties and permit defendant to escape." Such speculation diverts the jury from its duty to determine which penalty, death or life imprisonment without possibility of parole, is appropriate for the defendant. (Ibid.)