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Delaware Capital Crime Appeals Lawyers

Delaware Puts an Indefinite Stay on All Capital Crimes Trials

Delaware has issued a stay of all sentencing hearings and trials as the state evaluates its stance and procedures on the death penalty. The decision was spurred by a ruling that the United States Supreme Court made regarding some procedural issues in Florida. Delaware’s criminal defense attorneys think this decision is long overdue.

The high stakes of a capital murder trial warrant a strict adherence to constitutional principles. The crux of the decision is whether judges can make determinations of fact in a capital punishment case. Juries are known as “triers of fact” because their sole purpose is to determine what the facts were. Conversely, judges are there to make legal determinations throughout a trial. Leading capital criminal defense attorneys have been arguing about the practice of judges making these factual decisions from the bench for decades now.

Delaware’s Supreme Court is currently reviewing the state’s procedures in order to preempt any federal Supreme Court decision that forces the state to change. The changes could be life altering for anyone already convicted of a capital crime. Delaware capital crime appeals lawyers expect there to be new trials granted for defendants that had a conviction under unconstitutional circumstances.

Capital crimes come with the most serious of consequences. The high courts responsible for determining what constitutional safeguards need to be in place are finally taking a look at the procedural flaws in the legal system. New trials and appeals are likely going to lead to many wrongfully convicted people getting the chance at freedom they deserve. If you need an attorney, contact McCann Dillon Jaffe & Lamb, LLC, Attorneys at Law at 302-888-1221 or contact us online to schedule a free initial consultation.