Delaware and The Death Penalty

Ryan BrehmerOttawa University

History of The Death Penalty in Delaware-First execution in 1662-Abolished the Death Penalty in 1958-Death Penalty reinstated in 1961-The official method of execution for Delaware was hanging until 1986, when lethal injection became the new official method (Death Penalty Information Center, 2016).-Death penalty has been used sparingly since being reinstated in 1961

History of The Death Penalty in Delaware, Cont.

-Delaware is unique in it’s death penalty law-Allows a judge to overrule a jury’s verdict

and sentence someone to the death penalty in a capital murder case-Based upon the way the law is written, the death penalty law was challenged-August 2, 2016 the Delaware Supreme Court decided that the Death Penalty law was unconstitutional

-Specifically, the law violated the 6th Amendment of the U.S. Constitution

Death Penalty Stakeholders

-Death Row Inmates-Including Their Families

-Politicians-Both Sides of the Aisle

-Citizens-Taxpayers

-Courts-Jurors, Sentencing Requirements

-Judges-Evidence to Support Death Penalty Sentence

Politicians and The Death Penalty

-Abolishment of the Death Penalty in Delaware Supported by Governor Jack Merkell (D).

-Albright (2016) repoted, “Some Democrats, backed by Gov. Jack Markell, had been pushing in the past few years to repeal the law, but could not get the votes to do so. Republicans hold 25 seats in the 62-member General Assembly (para. 6).-Republican's in Delaware are vowing to help keep the death penalty or to reinstate it if it abolished.

-In regards to a Republican assembly member, Albright (2016) reported, “Pettyjohn said he was "very disappointed" to see the court's ruling” (para. 13).

Politicians and The Death Penalty, Cont.

-Not all Republicans are for reinstatement of the death penalty

-Only 15 of 25 Republican Delaware Legislators are in favor-Political Climate in the upcoming presidential election could have an effect on the death penalty in Delaware and elsewhere.-The Death Penalty debate in Delaware is relatively divided down the aisle politically

Citizens and The Death Penalty

-Organizations set up to stop or eliminate the death penalty-Delaware Citizens Opposed to the Death Penalty-Delaware Repeal Project-Because Love Allows Compassion

-Tide is turning against the death penalty nationwide-Due to cost-Due to mistakes in the system

Why Abolish The Death Penalty in Delaware

-Too Costly-Unfair-Chance of killing and innocent person-Mistakes in the system-Racial bias-Does not deter violent crime or murder

Racial Disparity

-Delaware Citizens Opposed to the Death Penalty (2016) reported, “Seventy percent of the death sentences were imposed in white victim cases, although the majority of murder victims in Delaware are black. The death sentencing rate in black defendant and white victim cases in Delaware is 17.8%, which is significantly higher than other jurisdictions studied, including Georgia, Indiana, Maryland, Nevada, Pennsylvania, South Carolina and Virginia” (para. 7).

Death Row Demographics in Delaware

-Total Death Row Inmates in Delaware: 13-White: 5-Black: 8-All are male-All committed 1st Degree Homicide

Ralph E. SwanDOB: 03/25/1971Race: White Gender: MaleOffense: Murder 1stSentenced to Death: 10/03/2001Date of Offense: 11/04/1996

Michael R. ManleyDOB: 07/29/1974Race: Black Gender: MaleOffense: Murder 1stSentenced to Death: 02/03/2006Date of Offense: 11/13/1995

Racial Disparity In General and the Death Penalty

-Nationwide, racial disparity is a key argument for the abolishment of the death penalty

-Death Penalty Information Center (2016) reported, “• In Louisiana, the odds of a death sentence were 97% higher for those whose victim was white than for those whose victim was black” (para. 2).

-Death Penalty Information Center (2016), reported, “In 96% of states where there have been reviews of race and the death penalty, there was a pattern of either race-of-victim or race-of-defendant discrimination, or both” (para. 4).

Legislation in To Abolish the Death Penalty in Delaware

-Senate Bill 19-Abolish the death penalty replacing it with life

in prison without parole-Citizens Opposed to the Death Penalty (2016) reported, “The Bill passed in the Senate on March 26, 2013 by a vote of 11 to 10. The

Senate added an amendment excluding those currently serving on death row from having their sentences reduced to life in prison without parole” (para. 3).

-Ultimately failed

Legislation in To Abolish the Death Penalty in Delaware, Cont.

-Delaware Supreme Court voted that the death penalty law was unconstitutional

-Delaware Attorney General Matt Denn will not appeal the court’s decision

-Death Penalty Information Center (2016) reported, “The statement of the attorney general's office said Denn "has concluded that even if the United States Supreme Court reversed the opinion on Federal Constitutional grounds, ... the Delaware Supreme Court would ultimately invalidate Delaware’s current death penalty statute based on the Constitution of the State of Delaware” (para. 2).

Presenter’s Opinion

-Death Penalty laws cost tax payers money-The death penalty does not deter crime

-Mentally ill or drug impaired people do not consider consequences-Too much at stake for mistakes to be possible-Victim’s families must relive the crime during appeals

-Lack of closure in death penalty cases versus life in prison-Life imprisonment without parole is sufficient and in some cases better

-Some people want to die-Inmates get clean and sober

-Finality for victims and their families-No innocent people are executed by mistake or flawed cases -Death Penalty should be reserved for terrorists, serial killers, and cop killers, for example

Conclusion

-Death Penalty laws are becoming unpopular nationwide-Delaware’s law was unconstitutional

-Too costly and time consuming to appeal-Citizen’s seem to be in favor of abolishing the death penalty in Delaware-Racial disparity exists in death penalty laws -Politicians are split on the Delaware Supreme Court decision

-Democrats applaud the decision-Some Republicans vow to write new death penalty

law-Death Penalty laws impact the courts, police, juries, and citizens alike

Reference

Albright, M. (2016, August 5). Some Delaware Republicans push to reinstate death penalty. Retrieved from http://www.delawareonline.com/story/news/politics/2016/08/05/r epublicans-death-penalty/88296698/

Death Penalty Information Center. (2016). Delaware. Retrieved from http://www.deathpenaltyinfo.org/delaware-1

Death Penalty Information Center. (2016, August 30). Fact Sheet. Retrieved from http://www.deathpenaltyinfo.org/documents/FactSheet.pdf

Reference, Cont.

Death Penalty Information Center. (2016). Wrongful Capital Convictions May Be More Likely in

Cases of Judicial Override, Non-Unanimous Death Verdicts. Retrieved from http://www.deathpenaltyinfo.org/news/past/108/2016

Delaware Citizens Opposed to the Death Penalty. (2016). Current Legislation – Senate Bill 19. Retrieved from

https://enddeathpenaltyde.org/take-action/legislation/