Skip to main content

Alabama | Proposed bill would require unanimous jury decision to impose death sentence

House Bill 14 would require a unanimous vote by jurors to impose a death sentence in capital murder cases in the state of Alabama. The bill is sponsored by State Representative Chris England of Tuscaloosa County.

"When I started practicing almost every state imposed the death penalty. Now we are down to 27," said Richard S. Jaffe, a local criminal defense lawyer. "That is very significant in what's going on with the national trend which is many, many, many fewer death verdicts and fewer states even allowing the death penalty. That's the trend."

In 3 states, a death sentence can be handed down without a unanimous jury decision.

At least 10 jurors are needed to sentence someone to death in Alabama. In Missouri and Indiana, judges determine the sentence, which could be death, even if a jury isn't unanimous in their decision.

"It's kind of hard, I think, to argue with those other 20-something states that require a unanimous verdict because we are talking about eliminating a life, putting someone to death rather than allowing them to die in prison," said Jaffe. "A lot of people think that it's more expensive to house someone for their life even if sentenced at a young age but the fact of the matter is it's 5 times more expensive to seek the death penalty and 45% of death verdicts are overturned on appeal anyway. It's really not fair to the victims' families for our sentencing structure to be the way it is."

He added, to sentence a person to life in prison without parole, there have to be at least seven jurors in favor.

"Anything in between gets very messy," said Jaffe.

Criminal defense attorney and former prosecutor, Leslie Schiffman Moore, explained a unanimous verdict is required to convict a person of capital murder. She believed it should be the same for a death sentence.

"It's the most serious decision a jury has to make putting somebody to death, putting another human being to death regardless of what they've done, and they have done something horrible to get to that point obviously," she said.

The bill also has some retroactive measures. It allows for people who've been sentenced to death without a unanimous verdict to be resentenced.

Before 2017, juries provided non-binding advisory verdicts in capital murder cases. The judge was able to make the final decision, which could be something different than the jury advisory. Judges were required to give the advisory verdict consideration.

Inmates who had a judge hand down a sentence not matching the jury advisory could also be resentenced under this bill.

Those with a non-unanimous sentence or with a sentence from a judge different than the jury advisory could petition to be resentenced by filing a form with the Administrative Office of Courts if HB 14 passed into law.

"I think we're heading toward the point where the United States Supreme Court is going to require a unanimous verdict for death, a unanimous recommendation for death from a jury. I think we are getting ahead of the game on this by changing the law before we are told to change the law by the federal government or before we end up with a bunch of appeals based on a new opinion by the United States Supreme Court, " said Moore. "[A non-unanimous jury] makes people think that we want to impose the death penalty, or make the death penalty more easy to impose when we're not in line with the rest of the country."

Jaffe said there is a weight put on jurors who are tasked with deciding life or death.

"They are weighing decisions to basically play God and step into that role and decide whether someone lives or dies, especially since we just don't know all the time what really happened in many of these cases," said Jaffe.

According to the bill, if a jury is unable to reach a verdict during the sentencing phase, a mistrial is declared. The mistrial does not impact the conviction. Another sentencing hearing will be conducted for a different jury. After one or more mistrials, the right to have a verdict from a jury can be waived and the judge can decide the sentence without a recommendation from a jury.

Changes to the state's execution process have been ongoing. In November, Gov. Kay Ivey ordered a review of the state's execution process after failed executions.

In January, the Alabama Supreme Court abolished the previous one-day time frame to carry out a death sentence. The governor will now set the window of time for the execution.

The Court also eliminated an automatic "plain error review". That review allowed the Alabama Court of Criminal Appeals to automatically review death penalty cases for a clear error at trial even though the defense lawyer did not object.

A spokesperson with the Alabama Department of Corrections said the review is nearing completion.

Source: ABC News, Staff, February 24, 2023

_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:


TELEGRAM


TWITTER







HELP US KEEP THIS BLOG UP & RUNNING!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."


— Oscar Wilde

Most viewed (Last 7 days)

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.