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August 2, 2016

In wake of Hurst, Delaware Supreme Court declares state's death penalty unconstitutional

The post-Hurst hydra took an especially big bite out the the death penalty in the First State this afternoon: as reported in this local article, via "a landmark decision, the Delaware Supreme Court has ruled that the state's death penalty statute is unconstitutional." Here are the basics:

A 148-page opinion released Tuesday afternoon said that the current law is a violation of the Sixth Amendment role of the jury. The decision of whether and how to reinstate the death penalty should now be left to the General Assembly, the opinion said.

The question before the top state court arose after the U.S. Supreme Court found in January that Florida's death penalty law was unconstitutional because it gave judges – not juries – the final say to impose a death sentence. Delaware and Alabama are the only other states that allow judges to override a jury's recommendation of life....

The last execution in the state was in 2012, when Shannon Johnson, 28, was killed by lethal injection. All pending capital murder trials and executions for the 14 men on death row are currently on hold while the court considered the constitutionality issue.

The full 148-page opinion in Rauf v. Delaware is available at this link.  A brief per curiam summary kicks off the opinion, starting this way:

The State has charged the Defendant, Benjamin Rauf with one count of First Degree Intentional Murder, one count of First Degree Felony Murder, Possession of a Firearm During those Felonies, and First Degree Robbery.  The State has expressed its intention to seek the death penalty if Rauf is convicted on either of the First Degree Murder counts.  On January 12, 2016, the United States Supreme Court held in Hurst v. Florida that Florida‘s capital sentencing scheme was unconstitutional because "[t]he Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death."  On January 25, 2016, the Superior Court certified five questions of law to this Court for disposition in accordance with Supreme Court Rule 41.  On January 28, 2016, this Court accepted revised versions of the questions certified by the Superior Court and designated Rauf as the appellant and the State as the appellee.

In this case, we are asked to address important questions regarding the constitutionality of our state‘s death penalty statute. The Superior Court believed that Hurst reflected an evolution of the law that raised serious questions about the continuing validity of Delaware‘s death penalty statute.  Specifically, Hurst prompted the question of whether our death penalty statute sufficiently respects a defendant‘s Sixth Amendment right to trial by jury.

Because answering the certified questions requires us to interpret not simply the Sixth Amendment itself, but the complex body of case law interpreting it, we have a diversity of views on exactly why the answers to the questions are what we have found them to be.  But that diversity of views is outweighed by the majority‘s collective view that Delaware‘s current death penalty statute violates the Sixth Amendment role of the jury as set forth in Hurst.  We also have a shared belief that the importance of the subject to our state and our fellow citizens, reflected in the excellent briefs and arguments of the parties, makes it useful for all the Justices to bring our various perspectives to bear on these difficult questions.

August 2, 2016 at 05:34 PM | Permalink

Comments

once again, another court does SCOTUS' dirty work

Posted by: federalist | Aug 3, 2016 11:27:45 AM

No shocker. Delaware's law was consciously modeled on Florida's law because the system they had previously used wasn't actually producing votes for death.

Posted by: Erik M | Aug 3, 2016 1:14:09 PM

The impending death of the death penalty is one of the reasons I stopped writing on the subject. We've been on the glide path to at least de facto abolition for roughly 10 years, give or take. The issue is how many more executions until the last one.

- karl

Posted by: karl | Aug 3, 2016 9:09:41 PM

People continued to be executed though ... wouldn't be too dismissive myself.

Posted by: Joe | Aug 3, 2016 10:09:48 PM

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