Judicial override

Legal doctrine in the United States

Judicial interpretation

Forms

* Constitutional review
* Judicial opinion
* In Catholic canon law
* In Islamic jurisprudence
* Kritarchy
* Statutory interpretation
* Judicial misconduct
* Activism
* Chilling effect
* Discretion
* Immunity
* Restraint
* Ultra vires

General rules of interpretation

* Accountability
* Adversarial system
* Appeal
* Conflict of laws
* Forum shopping
* Jurisdictional arbitrage
* Lex loci
* Golden rule
* Inquisitorial system
* Interpretation Act
* Jury nullification
* Justiciability
* Letter and spirit of the law
* Mischief rule
* Nondelegation doctrine
* Plain meaning rule
* Polycentric law
* Precedent
* Reasonableness
* Rule according to higher law
* Separation of powers
* Judicial independence
* Parliamentary sovereignty

General theories of interpretation

* Common good constitutionalism
* Court administration
* Judicial reform
* Jurisprudence
* Indeterminacy debate
* Legal realism
* Legal process
* Legal formalism
* Legitimacy
* Living Constitution / Living tree / Living instrument
* Opinio juris sive necessitatis
* Originalism (original meaning)
* Original intent
(legislative intent, legislative history)
* Purposive approach
* Strict constructionism
* Textualism

International

* Anarchy
* Hard law
* International litigation
* International legal theories
* Monism and dualism
* Peremptory norm
* Soft law
* Universal jurisdiction

* v
* t
* e

In the United States and other nations that use jury trials (such as Australia), a judicial override is when a judge overrules a jury's sentencing determination.

## Use in capital cases

[edit]

Only four U.S. states have allowed judicial overrides: Alabama, Delaware, Florida, and Indiana. Indiana abolished it in 2002,[1] Florida in 2016, and Alabama in 2017.[2] In 2016, the Delaware Supreme Court declared the state's death penalty law unconstitutional due to the override.[3]

Researchers who analyzed survey data from thousands of capital jurors found that "residual doubt" about the person's guilt was the most significant reason jurors voted for a life sentence instead of the death penalty. This could suggest that life-to-death overrides have a higher likelihood of resulting in a wrongful conviction.[4]

### Florida

[edit]

Florida was the first state to adopt an override statute in the 1970s, after the Supreme Court case Furman v. Georgia had effectively invalidated all death penalty statutes in the country. The purpose of the override was to prevent juries from over-sentencing the death penalty. In Tedder v. State (1975), the Supreme Court of Florida stated that for a judge to override a jury's recommendation of a life sentence, "the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." The U.S. Supreme Court upheld Florida's statute in 1984. The last death sentence imposed by override in the state was in 1999.[1][5][6]

In January 2016, the U.S. Supreme Court struck down a part of Florida's capital sentencing scheme in Hurst v. Florida. The Court held that "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury's mere recommendation is not enough." In March 2016, the state legislature abolished the judicial override.[7]

### Indiana

[edit]

Indiana followed Florida in 1977 and enacted a similar death penalty scheme in which the jury's sentence recommendation was not binding. There were no directions on when the judge could override the jury's life sentence until 1989, when the Indiana Supreme Court held that the override was permitted only when "virtually no reasonable person could disagree that death was appropriate". All ten death sentences imposed by override in Indiana were later vacated in appellate courts. In 2002, the override was abolished, and the courts were left with an option to determine the sentence only when the jury's recommendation was not unanimous.[8]

### Alabama

[edit]

In Alabama, judges had no restrictions on when they could override a jury's recommendation of a life sentence.[8] Judicial overrides amounted to more than 20 percent of all death sentences between 1981 and 2015 (101 out of 413), and half of exonerations due to innocence (3 out of 6).[4]

In 1995, the United States Supreme Court held in an 8–1 decision that the Eighth Amendment "does not require the State to define the weight the sentencing judge must give to an advisory jury verdict".[9][10] The Court had been asked to impose Florida's "great weight" standard on Alabama, but Associate Justice Sandra Day O'Connor said that doing so would amount to micromanagement.[11] The Supreme Court declined to take up a case reviewing Alabama's use of judicial overrides in 2013[12] and again in 2015.[13] Justices Stephen Breyer and Sonia Sotomayor dissented in the 2013 decision to decline to rehear the issue. Justice Sotomayor suggested that the elected nature of Alabama's judges is the underlying issue, with a study showing that death sentences are imposed more in election years.[14]

In April 2017, the Alabama legislature passed a bill that abolished judicial override prospectively.[15] The law, however, was not retroactive and the offenders sentenced to death via judicial override before 2017 remained on death row. Later, a subsequent bill was petitioned to allow the law become retroactive and approve the re-sentencing of condemned killers affected by judicial override. This bill was, however, rejected by the state lawmakers.[16] A report in May 2024 revealed that 30 of these prisoners still remained on death row.[17]

Notable cases of people sentenced to death via judicial override include Thomas Dale Ferguson, who murdered a father-son pair in 1997; Oscar Roy Doster, who killed a man during a prison break; and Kenneth Eugene Smith, who was convicted of the 1988 contract killing of a woman.[18]

### Delaware

[edit]

Delaware enacted an override statute in November 1991 after a jury had given four perpetrators life sentences for murdering two guards during an armed robbery. The life-to-death override was used on only one defendant, whose sentence was appealed and ultimately changed to a life verdict. Instead, the override was used multiple times to override a death sentence recommended by the jury.

In August 2016, the Delaware Supreme Court held that the judicial override made the state's death penalty statute violate the Sixth Amendment of the US Constitution.[4]

## See also

[edit]

* Capital punishment in Alabama
* Capital punishment in Florida
* Capital punishment in Delaware
* Capital punishment in Indiana
* Judgment notwithstanding verdict

## References

[edit]

1. ^ a b "The Peath penalty in Alabama: Judge Override" (PDF). Equal Justice Initiative. Retrieved 2019-12-21.
2. ^ "Alabama Abolishes Judge Override in Death Penalty Cases". Equal Justice Initiative. 2017-04-04. Retrieved 2017-11-23.
3. ^ Reyes, Jessica Masulli (2016-08-02). "Top court: Delaware's death penalty law unconstitutional". Delaware Online. Retrieved 2017-11-23.
4. ^ a b c Mulvaney, Patrick; Chamblee, Katherine (2016-08-08). "Innocence and Override". Yale Law Journal Forum. Retrieved 2019-12-22.
5. ^ Wheeling, Kate (2017-09-15). "Why Is the Death Penalty So Popular in Alabama?". Pacific Standard. Retrieved 2019-12-21.
6. ^ "Tedder v. State". Justia Law. Retrieved 2019-12-22.
7. ^ "Hurst v. Florida". Death Penalty Information Center. Retrieved 2020-01-05.
8. ^ a b Radelet, Michael L. "Overriding jury sentencing recommendations in Florida capital cases: An update and possible half-requiem" (PDF). Michigan State Law Review. Retrieved 2020-01-05.
9. ^ Flatow, Nicole (November 20, 2013). "Justice Sotomayor: Alabama Judges' Death Penalty Sentencing Is Tainted By Election Politics". ThinkProgress. Archived from the original on 2016-03-19. Retrieved 2015-10-11.
10. ^ "Harris v. Alabama". Supreme Court of the United States. Retrieved 2015-10-11.
11. ^ Williams, Paige (November 10, 2014). "Double Jeopardy". The New Yorker. Retrieved 2015-10-11.
12. ^ Liptak, Adam (9 March 2015). "Justices May Review Capital Cases in Which Judges Overrode Juries". The New York Times. Retrieved 2015-10-11.
13. ^ Faulk, Kent (20 April 2015). "U.S. Supreme Court refuses to hear death row inmates' appeals in Auburn and Franklin County cases". AL.com. Alabama Media Group. Retrieved 2015-10-11.
14. ^ Levine, Dan; Cooke, Kristina (September 22, 2015). "In states with elected high court judges, a harder line on capital punishment". Uneven Justice. Reuters. Retrieved 2015-10-11.
15. ^ Faulk, Kent (2017-04-11). "Gov. Kay Ivey signs jury override bill into law". AL.com. Retrieved 2020-01-05.
16. ^ "Lawmakers reject bill to retroactively apply ban on judges overriding juries to impose death sentence". Alabama Local News. April 17, 2024.
17. ^ "These 30 Alabama Death Row inmates are waiting to die because judges overruled juries". Alabama Local News. May 1, 2024.
18. ^ "The controversial, outlawed policy that keeps inmates on Alabama's death row". The Independent. February 6, 2024.

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