By Randall Chase
Associated Press
DOVER, Del. — Lawmakers are considering whether to reinstate Delaware’s death penalty, which the state Supreme Court declared unconstitutional last year.
Under a bill being discussed in a House committee Wednesday, jurors would have to find unanimously and beyond a reasonable doubt that a defendant should be executed.
A judge would have to agree with the jury in order for the death penalty to be imposed but would have the discretion to sentence a defendant to life in prison, even if the jury found that the death penalty was warranted.
Last August, a majority of justices said Delaware’ s death penalty law was unconstitutional because it allowed judges too much discretion and did not require that a jury find unanimously and beyond a reasonable doubt that a defendant deserves execution.