Joanne Cabry writes ~

Celebrate the Repeal of the Death Penalty Vote to ensure it will not be re-instated

Hi All,

On August 2 the Delaware Supreme Court ruled that Delaware's current capital punishment statute violates the U.S. Constitution by giving judges, and not juries, the final say to impose a death sentence. Attached is an announcement of a rally in Wilmington on Monday, August 8 to celebrate the Court’s decision. This certainly is a decision worth celebrating and I hope as many as you as possible will be there.

While those of us who have worked to end capital punishment celebrate, those who want to maintain the death penalty are already working to re-instate it. Below is an open letter to Delawareans published in the August 5 House Republican Newsletter. Last year the vote to repeal capital punishment passed the Senate (11 Yes and 9 No) but was defeated in the House (16 Yes and 23 No). The Republicans plan to introduce a bill to re-instate the death penalty.

I ask you to keep this issue in mind when you vote on November 8. It isn’t just about the Presidential candidates. Every vote counts for every candidate on the ballot.
Thank you.

Joanne

Joanne CabryChairProgressive Democrats of Sussex County

15 House and Senate Republicans Support Restoring Delaware's Capital Punishment Option

An Open Letter to the Citizens of Delaware:

The Delaware Supreme Court ruled on August 2nd that our state's capital punishment statute violated a defendant's right to "trial by jury" as guaranteed by the U.S. Constitution (Sixth Amendment).

The issue came before Delaware's highest court following a ruling in January by the U.S. Supreme Court that struck down a similar Death Penalty law in Florida.

In making their decision, the Delaware Justices examined five questions regarding our state's capital punishment law.

Among other things, the High Court found that the statute did not meet constitutional standards because it allows a judge, independent of the findings of a jury, to determine if any aggravating circumstances exist for applying the Death Penalty.

Additionally, the High Court found fault with the law since it does not require a jury to "unanimously and beyond a reasonable doubt" decide on the existence of aggravating circumstances that could lead to the application of capital punishment.

The Court was not of one mind in its findings. Only three members of the five-member body concurred entirely with the majority opinion.

By finding the law unconstitutional, the Supreme Court's action leaves our state prosecutors unable to seek the Death Penalty.

The imposition of capital punishment has, and will continue to be, highly controversial and potentially divisive. We realize there are lingering questions about the equity of its application, but that is a separate issue than determining if capital punishment should remain an option. We believe that it should.

In concert with Delaware's leading police organizations, we maintain that capital punishment can serve as a deterrent, possibly preventing the worst of crimes from ever being committed. We also believe that the Death Penalty is the only appropriate punishment for some offenses of such a heinous nature that no other sanction would be adequate.

Until this week, Delaware was one of 31 states that authorized capital punishment. Unlike some of those jurisdictions, The First State has a long history of applying it cautiously, judiciously, and infrequently.

The ruling by the Delaware Supreme Court is an opportunity to craft a new, stronger capital punishment statute that not only meets constitutional standards, but also potentially contains safeguards to further augment the high integrity of the process it will replace.

We plan to work with our legal staff between now and the first meeting of the upcoming 149th General Assembly to accomplish this task, introducing legislation in 2017 that will restore the ability of Delaware's justice officials to hold those found guilty of breaking our most solemn laws fully accountable for their actions.

Sincerely,

Senators Greg Lavelle, Brian Pettyjohn, Gerald Hocker, Dave Lawson and Bryant Richardson

Representatives Danny Short, Deborah Hudson, Jeff Spiegelman, Steve Smyk, Harvey Kenton, Ron Gray, Lyndon Yearick, Dave Wilson, Tim Dukes and Ruth Briggs King

Also see ~