Delaware General Assembly Pre-Game Show: Tues. March 8, 2016
We already know what won't be addressed by the returning General Assembly this week: Abolition of Delaware's death penalty. However, it's for the best of reasons. It's quite possible that the United States Supreme Court has already sounded the, um, death knell for Delaware's capital punishment statute. The ironies involved in this are dee-lish. The Delaware legislative hardliners some twenty years ago decided that juries were sometimes too namby-pamby when it came to doling out the death penalty, so they decided to give the judges (who must come before the State Senate for nominations and renominations) the exclusive life and death authority.
Which is precisely why Delaware's statute appears to have run afoul of the recent Supreme Court ruling, which 'deemed unconstitutional part of a Florida statute that grants exclusively to judges the right to determine a sentence of death in capital cases'. Delaware has the same language in its statute, which is why the Delaware Supreme Court has placed a moratorium on any capital case moving forward until it can review the statute and determine whether Delaware's statute can pass constitutional muster.







