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Thread: Delaware death penalty law declared unconstitutional by state’s highest court

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    Delaware death penalty law declared unconstitutional by state’s highest court

    Delaware’s death penalty is unconstitutional, the state’s Supreme Court declared on Tuesday.As Jessica Masulli Reyes reported for the News Journal, the 148-page opinion struck down how the death penalty is applied in Delaware, declaring it a violation of the Sixth Amendment–sanctioned role of a jury. The ruling follows the US Supreme Court’s January decision against Florida’s death penalty on similar grounds.

    So this doesn’t mean that Delaware’s death penalty is completely dead, since it could be revived by the state’s legislature if lawmakers alter how a death sentence is carried out.
    But if Delaware’s legislature does not act, New Hampshire will become the only state in the northeastern part of the country that still allows the death penalty:


    Read more @: Delaware death penalty law declared unconstitutional by state’s highest court

    Big news in Delaware around the criminal justice system!


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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    Quote Originally Posted by TheDemSocialist View Post
    Read more @: Delaware death penalty law declared unconstitutional by state’s highest court

    Big news in Delaware around the criminal justice system! [/FONT][/COLOR]
    Am I correct in assuming this cannot be appealed to SCOTUS since it involves a state constitution?

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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    Quote Originally Posted by BrewerBob View Post
    Am I correct in assuming this cannot be appealed to SCOTUS since it involves a state constitution?
    I pretty sure the Supreme Court can hear cases involving a state constitutional amendment. I believe the Supreme Court dos have the power to overturn state constitutional amendments. I believe this would come from the supremacy clause.


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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    if a defendant is guaranteed to have sentencing determined by a jury, i don't understand how "mandatory minimum" is constitutional. While we're at it, why not just allow juries to hang someone guilty of petty theft or to sentence a murderer to a day at county
    Quote Originally Posted by Gathomas88 View Post
    Slavery also doesn't necessarily have to be terrible.

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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    Quote Originally Posted by BrewerBob View Post
    Am I correct in assuming this cannot be appealed to SCOTUS since it involves a state constitution?
    it can't be appealed because SCOTUS already made the same ruling against florida for the same reason. This was just the delaware court affirming that the SCOTUS decision applied to their state as well
    Quote Originally Posted by Gathomas88 View Post
    Slavery also doesn't necessarily have to be terrible.

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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    Quote Originally Posted by TheDemSocialist View Post
    Read more @: Delaware death penalty law declared unconstitutional by state’s highest court

    Big news in Delaware around the criminal justice system! [/FONT][/COLOR]
    It seems to make sense to execute someone only after an vote of unanimity. Otherwise one can hardly maintain in dubion pro reo was applied.

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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    State of Delaware - Department of Correction - Death Row - Executions

    Meh - it's not like our prison system is busy carrying out death penalty sentences.
    Wastin' time, like it was free - Godsmack

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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    Quote Originally Posted by TheDemSocialist View Post
    Read more @: Delaware death penalty law declared unconstitutional by state’s highest court

    Big news in Delaware around the criminal justice system! [/FONT][/COLOR]
    That is insane. Too many people just need killing and wasting taxpayer dollars feeding and housing them for life is too good for them.

    It's no deterrent whatsoever because they adapt to prison life.

    We have the DP in Oregon and the last Gov.(the crook who was forced out of office), stated that he would not allow it on his watch. So he Unilaterally usurped the decision of the people (voters) and overrode them. The interim Gov. has done the same. Assholes all!
    Last edited by MickeyW; 11-05-16 at 03:00 AM.

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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    They need to reactivate the guillotine because it's quick, decisive, humane and works every time it's applied!

    Public executions need to be reinstated as well!

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    Re: Delaware death penalty law declared unconstitutional by state’s highest court

    Quote Originally Posted by MickeyW View Post
    They need to reactivate the guillotine because it's quick, decisive, humane and works every time it's applied!

    Public executions need to be reinstated as well!
    If you want to act like the savages who participate in such heinous public executions in places like Saudia Arabia and Iran, I guess. I'll pass, I enjoy being civilised.

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    Make a picnic, grab the wife and the kids and mosey on down to the town square for an afternoon of entertainment. Good, solid family time. Shop owners can sell souvenirs and alcohol and when the deed is done you can all push and fight each other to try and grab some of the "leftovers" for a keepsake.

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