WASHINGTON (Sputnik) — Delaware's state death penalty law is the same as in Florida, and allows judges to choose the death penalty for a convicted defendant even if the jury recommends life behind bars.
"Delaware's current death penalty statue violates the Sixth Amendment role of the jury as set forth in Hurst," the opinion handed down by the state’s highest court stated.
In January, the US Supreme Court ruled in the case of Hurst v. Florida, that the sixth amendment guarantees that defendants have the right to have their verdicts decided by a jury and not the judge.
