In a landmark decision (pdf), the Delaware Supreme Court ruled Tuesday that the state’s death penalty law is unconstitutional.
The majority found that the state’s death penalty violated the Sixth Amendment, as it allowed a judge to override a jury’s recommendation of a life sentence and impose a death sentence instead.
The ruling followed a U.S. Supreme Court decision in January that overturned portions of Florida’s death penalty statute for the same reason. That decision, Hurst v. Florida, found that “[t]he Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death.”
In Tuesday’s ruling, Delaware Supreme Court Chief Justice Leo E. Strine Jr. wrote: “I am unable to discern in the Sixth Amendment any dividing line between the decision that someone is eligible for death and the decision that he should in fact die.”
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