Delaware Supreme Court: Death Penalty Law Unconstitutional
Leaves it to state lawmakers to decide on reimplementation.
The Delaware Supreme Court ruled Tuesday that the state’s death-penalty law allowing judges to override a jury’s recommendation for a life sentence is unconstitutional. The 148-page opinion stated that such a statute is a violation of a jury’s Sixth Amendment right. Furthermore, the opinion left the reimplementation of the death penalty to the General Assembly. Delaware is one of 32 states with the death penalty, and one of two that allowed judges to have final say.
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