DOVER, Del.- Lawmakers will join advocates, organizations and faith leaders from across the state for a press conference and rally on the East Steps of Legislative Hall on Tuesday, May 21 at 12 p.m.
Activists statewide are seeking to abolish the death penalty in the first state. In 2016, Delaware's Supreme Court ruled that the procedure for seeking the death penalty is unconstitutional; however, the death penalty can be brought back by changing the procedure to make it constitutional again.
House Bill 70 aims to remove the possibility of death as a punishment under the current Delaware code, replacing it with life in prison without parole. House Bill 301 would amend Delaware's state constitution by eliminating the death penalty as a punishment option. The amendment requires a two-thirds supermajority vote in two consecutive legislative sessions in order to become law.
The Supreme Court's decision came after Hurst v. Florida. Hurst stated that a capital defendant's Sixth Amendment right to trial by jury requires "a jury, not a judge, to find each fact necessary to impose a sentence of death."
Four members of the Delaware high court ruled that the state's capital sentencing statue unconstitutionally empowers judge, rather than jurors, to decide whether the prosecution has proven the existence of aggravating circumstances that are considered in determining whether to impose for the death penalty.
Tuesday's event, organized by the Delaware Coalition to Abolish the Death Penalty, will begin with a press conference at noon, followed by a rally and lobby day. Representative Sherry Dorsey Walker, who is the prime sponsor for the bill, Rep. Sophie Phillips, Sen. Kyle Gay and Chief Defender of the Office of Defense Services Kevin O'Connell are expected to speak at the press conference. O'Connell, who is a longtime abolitionist, emphasized the importance of the legislation for the state.
"There have been nearly 200 people exonerated from death row nationwide, and we know that innocent people have been convicted of serious crimes right here in Delaware."
O'Connell mentioned that the death penalty fails to bring closure to the victims family, is racist in its application, and is a waste of limited criminal justice resources.
Studies have shown there is no evidence that the death penalty is a deterrent for crime. Annual data published by the Delaware Statistical Analysis Center indicate that both homicide and other violent crime have continued to decline since the Delaware Supreme Court last declared the system imposing the death penalty unconstitutional. A 2015 poll showed 64 percent of Delawareans support abolishing the death penalty, compared to a 30 percent who support capital punishment.
Following the rally, the coalition will host a lobby day for participants to meet with lawmakers to garner support for the bills. Coalition members include ACLU-Delaware, Innocence Project, Black Mothers in Power and Catholic Diocese of Wilmington and more.