Tag: Delaware Supreme Court

Have We Witnessed the De Facto Repeal of the Death Penalty in Delaware? Yes. Maybe.

Hear me out. This is exciting.

As you may be aware, a hold has been placed on all death penalty cases in Delaware by the Delaware Supreme Court.

The reason? The U. S. Supreme Court deemed unconstitutional part of a Florida statute that grants exclusively to judges the right to determine a sentence of death in capital cases.

Guess what? Delaware has the exact same provision in its statute.  The irony is that it didn’t used to be that way.  No, AG Jane Brady, Sen. Tom Sharp, Sen. Jim Vaughn and others demagogued the sheep in Dover into taking the power away from juries and giving it to judges.  Why? ‘Coddling criminals’, blah blah blah. How great would it be if they ended up sowing the seeds for death penalty repeal?

I’m not a lawyer, but I don’t see how Delaware’s statute can be constitutional if Florida’s is not.

Here’s where it gets interesting.  Only the Delaware General Assembly can change the statute.  Come inside to see why that’s important….

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