Alabama abandons judicial override in capital cases
Posted on: 4/14/2017 12:00:57 PM by Peoples
On April 11, 2017, new Alabama Governor Kay Ivey signed into law SB16, which eliminates judicial override of jury sentencing recommendations in capital cases.  The capital jury is no longer designated as advisory at the sentencing stage.  Rather, its sentencing determination is final.  The new law does not require unanimity for a death sentence.  A death verdict is to be returned if at least ten of the twelve jurors agree on a death sentence.  A verdict of life without possibility of parole needs a simple majority of votes.  The new law is not retroactive.