Alabama Judge Rules State's Death Penalty Scheme Unconstitutional

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Source: Huffington Post

An Alabama circuit judge has ruled the state's death penalty scheme unconstitutional.

Jefferson County Circuit Judge Tracie Todd barred the death penalty for capital murder defendants Benjamin Acton, Terrell McMullin, Stanley Chatman and Kenneth Billups on Thursday, AL.com reports. It wasn't immediately clear what sentences the men will now receive.

While Todd's ruling blocks the death penalty in the cases that come before her, it will be up to other judges to follow her lead, attorneys present for the ruling told AL.com. The decision could set a statewide precedent, however, if it is appealed and then upheld by an appellate court.

Alabama currently allows judges to override a jury's recommendation of life in prison and impose capital punishment instead. The state also requires only 10 juror votes for a death sentence recommendation, rather than a unanimous decision from all 12 jurors, as in some other death penalty states.



Read more: http://www.huffingtonpost.com/entry/alabama-death-penalty-unconstutitonal_us_56d88ae7e4b03a405677ba36

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[happyslug]

1. Given the recent US Supreme Court in July 2015, this should hold up

For this Judge's Actual Opinion:

http://media.al.com/news_birmingham_impact/other/Hurst%20-%20FINAL.pdf

For more on this case:

http://www.al.com/news/birmingham/index.ssf/2016/03/jeffco_judge_rules_alabama_dea.html

In July 2015 the US Supreme Court struck down the Florida Death Penalty on similar grounds.

http://www.supremecourt.gov/opinions/15pdf/14-7505_5ie6.pdf

Please note even Scalia voted to overturn the Florida Death Penalty law.

In that US Supreme Court case the Court ruled:

We hold this sentencing scheme unconstitutional. The Sixth Amendment requires a jury, not a judge, to find each
fact necessary to impose a sentence of death. A jury’s mere recommendation is not enough.

In the case of the Alabama Judge, I believed she erred by bringing up the political pressure on Judges to give the death Penalty.

On the other hand, this decision will be upheld for her final reason for her decision, that of the states with the Death Penalty, only three permit a Judge to over turn the decision of the Jury:
1. Florida's law was ruled to be unconstitutional for the Jury could only recommend a Death sentence,
2. Delaware Judges have NEVER overruled a Jury that failed to impose a Death Sentence and
3. Alabama, where Judge can and have impose a Death Sentence when the Jury refuses to do so.

Given the US Supreme Ruling that any imposition of a Death Sentence MUST be by the Jury alone, the Alabama Death Sentence law violates the US Constitution. Judges can NOT have the ability to impose a Death Sentence if the Jury refuses to impose it. As long as the Alabama Law permits such over ride, the law violates the Sixth Amendment of the US Constitution and its right to a jury trial.

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2. Thank you for the great info! nt