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Delaware death penalty made unconstitutional

HomeDelawareDelaware death penalty made unconstitutional

The recent scenario has witnessed an alteration in one of the imperative U.S State laws.

Here the reference is to the Delaware death penalty.

It is significant in here to note that Delaware has had the third highest number of executions per capita after Oklahoma and Texas.

In Delaware till date, first degree murder with 1 aggravating circumstance was considered a capital crime.

However, in other states if the convict is under the age of 18, or mentally challenged is constitutionally not included in the execution.

In fact, it has been in Delaware that a judge could override the decision of the jury.

The ruling came as a result of an opinion posted by the Delaware Supreme Court justices.

According to them, the state law violates the US constitution, since it grants a judge to provide death sentence independent of any recommendation of the jury.

In consonance with the court, the law falls into the bracket of unconstitutional.

It is because it does not need jurors to find the truth behind the aggravating circumstances occurrence.

The law is considered inappropriate since, the jurisdiction in the law is on the shoulder of a judge and not the jury to make the final call, which in turn affects the death sentence.

They implied that if the jury really had some position in the court, they should have the right to make the decision of death sentence and not just the judge.

Gov. Jack Markell praised this particular ruling as a good step, since in accordance with him; capital punishment is an instrument of imperfect justice.

However, the Santino Ceccotti argued against, adding that there is room for more appeal in the federal court. And, it is yet to see with regards to the fate of 13 men who are on the Delaware’s death row.

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