Delaware’s Death Penalty is Unconstitutional Due to its Sentencing Procedures

After reviewing Delaware’s sentencing procedures, its supreme court ruled that the death penalty is unconstitutional because judges have too much power to make factual findings during sentencing

Rauf v. State, 2016 BL 249274, Del., No. 39, 8/2/16.

   The Delaware Supreme Court held that its state’s death penalty was unconstitutional because a sentencing judge had too much power in making factual findings, thereby violating the Sixth Amendment. The ruling follows the U.S. Supreme Court’s holding in Hurst v. Florida, which required juries, not judges, to decide the facts of the case necessary to justify the death penalty. The court stated that “the Sixth Amendment right to a jury includes a right not to be executed unless a jury concludes unanimously that it has no reasonable doubt that is the appropriate sentence.” While the court attempted to sever or cure the problematic portions of the sentencing statute, it was unable to do so, ultimately leading to their decision to invalidate the entire death penalty statute.

   After this decision, Delaware becomes the 20th state to have ended capital punishment. There are currently 18 inmates on death row in the state.

https://www.bloomberglaw.com/public/desktop/document/Rauf_v_State_No_39_2016_2016_BL_249274_Del_Aug_02_2016_Court_Opin?1470844238