Delaware: Death Penalty Unconstitutional

[OscarQ]

I'm a day late with this one but oh so happy.  

www.delawareonline.com/story/news/local/2016/08/02/court-delawares-death-penalty-law-unconstitutional/87963012/

The Delaware Supreme Court ruled the state's death penalty law is unconstitutional. The top court said the capital punishment statute violates the U.S. Constitution by giving judges, and not juries, the final say to impose a death sentence. 

The Delaware Supreme Court has ruled the state's death penalty law is unconstitutional – and the only chance at fixing it is to punt the issue to the already-divided General Assembly.

The top court released its ruling Tuesday that said Delaware's current capital punishment statute violates the U.S. Constitution by giving judges, and not juries, the final say to impose a death sentence.

Supporters of capital punishment will now want the General Assembly to fix the statute's language so the practice can continue. That could be tough since a vocal opposition helped a bill to abolish the death penalty pass the state Senate in 2015, before it failed in a close vote in the House this year.

The House sponsor of that legislation, Rep. Sean Lynn, D-Dover, had the option to bring up the bill for another vote, but postponed action to await the Delaware Supreme Court ruling. He said he will review the decision to determine what, if any, action should be taken.

"Our end goal is to ensure that no death sentences are handed down in the future, and if the Supreme Court's decision accomplishes that, then that is an important consideration," he said.

Gov. Jack Markell said he hoped the ruling will mean the state will never see another death sentence.

“I applaud the Supreme Court’s finding that the state’s death penalty law is unconstitutional," Markell said in a statement. "As I have come to see after careful consideration, the use of capital punishment is an instrument of imperfect justice that doesn’t make us any safer."

Tuesday's landmark ruling stemmed from the U.S. Supreme Court's decision to strike down Florida's death penalty sentencing scheme. That ruling in January left judges, attorneys and defendants in Delaware and Alabama – the only two other states that, like Florida, allow judges to override a jury's recommendation of life – questioning the impact of the court's decision.

[WanderingWinoZ]

Great news- I'm excited to see the DP had taken some major hits the past few years.