Last week, Alabama banned judicial override in capital cases, Canada readied to legalize recreational marijuana, and China and South Korea teamed up against a nuclear North Korea. ICYMI, check out the best of the week from Law Street below!

Will Banning Judicial Override for Capital Cases Keep Alabama Out of Court?

As of April 11, Alabama no longer grants state judges the authority to override jury recommendations in capital cases. As one of her first acts as governor, Kay Ivey signed the SB16 bill into law and put an end to judicial override in capital cases in Alabama. The move was likely a preemptive response to shifting legal tides. Had Alabama not revised its laws, it would likely have faced fierce and ongoing battles in court.

Canada Set to Legalize Recreational Marijuana in July 2018

By the summer of 2018, recreational marijuana in Canada could be legal. Later this week, Parliament will take up a bill that would satisfy a popular campaign promise of Prime Minister Justin Trudeau’s Liberal Party: legalizing recreational marijuana in Canada. Medical marijuana is already legal in the country. But some government officials think the target date for legalization, July 1, is too ambitious, and implementation is more likely to begin in 2019.

Nuclear North Korea: Can China, South Korea, and the U.S. Unite?

As tensions on the Korean peninsula continue to heat up, Chinese and South Korean officials met in Seoul on Monday and agreed to strengthen sanctions on North Korea if the state continues to carry out nuclear tests. As the two parties finalized the agreement, South Korea had to respond to news that the United States Navy dispatched a strike group to the Korean peninsula. Many in the region, and throughout the world, fear the U.S. strike force might exacerbate an already fractious situation.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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As of April 11, Alabama no longer grants state judges the authority to override jury recommendations in capital cases. As one of her first acts as governor, Kay Ivey signed the SB16 bill into law and put an end to judicial override in capital cases in Alabama. The move was likely a preemptive response to shifting legal tides. Had Alabama not revised its laws, it would likely have faced fierce and ongoing battles in court.

Alabama, Florida, and Delaware are the only states to have ever allowed judicial override in capital cases. In the 2016 case Hurst v. Florida, the U.S. Supreme Court found Florida’s sentencing scheme in violation of the defendant’s Sixth Amendment right to trial by jury. In response to the high court’s ruling, Delaware’s Supreme Court ruled its state’s sentencing scheme unconstitutional a few months later.

In the wake of Hurst v. Florida, the U.S. Supreme Court denied an appeal by an Alabama death row inmate who claimed he was sentenced under a scheme similar to Florida’s. Alabama’s Supreme Court upheld judicial override nine months later. In spite of these victories, it seems that Alabama was no longer willing to put resources toward defending judicial override in court.

Following Hurst v. Florida, the Florida legislature amended its sentencing practices to reinstate capital punishment. However, Delaware’s General Assembly has yet to pass any such legislation, meaning there is an effective halt on the death penalty in the state. By amending its sentencing laws, Alabama has put an end to a recurrent legal battle and ensured the perpetuity of capital punishment in the state.

While Alabama has removed judicial override, its new sentencing practices could still face legal challenges. Following the chain of events set in motion by Hurst v. Florida, Alabama is now the only state that allows a jury to non-unanimously recommend the death penalty.

Before the Hurst v. Florida ruling, Alabama, Florida, and Delaware allowed a jury to recommend the death penalty with 10 of 12 votes. In the same ruling that banned judicial override, Delaware’s Supreme Court deemed non-unanimous recommendations unconstitutional. While Florida’s initial legislation preserved the practice, the Florida Supreme Court later found non-unanimous recommendations constitutional.

Alabama’s Supreme Court would almost certainly uphold non-unanimous death penalty recommendations, and the U.S. Supreme Court has not explicitly ruled on the matter. The overwhelming consensus against the practice suggests Alabama could once again find itself in court.

Callum Cleary

Callum is an editorial intern at Law Street. He is from Portland OR by way of the United Kingdom. He is a senior at American University double majoring in International Studies and Philosophy with a focus on social justice in Latin America. Contact Callum at Staff@LawStreetMedia.com.

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