The first bill signed into law by recently-elevated Gov. Kay Ivey repeals Alabama’s “judicial override” provision in our death penalty sentencing laws. “Judicial override” refers to situations where a jury recommends that someone convicted of capital murder be punished with life without parole, but the judge “overrides” that recommendation to sentence the defendant to death.
In Alabama, capital murder trials go through two stages: the guilt stage and the penalty stage. In the guilt stage, a jury must decide whether a defendant committed the capital offense he’s been charged with. If they convict, the case moves to the penalty phase. In the penalty phase, the State presents a case for the the death penalty and the defense makes a case for life without parole (LWOP). Death or LWOP are the only two sentences possible. The jury hears the evidence and makes a recommendation to the judge as to what the sentence should be. Under Alabama law, the jury has to vote 10-2 in favor of death to make a death recommendation to the court; anything lower is considered a recommendation for LWOP. The judge then has the final sentencing authority. A judge could “override” a jury’s LWOP recommendation and sentence a defendant to life.
This practice has received extreme criticism through the years. Alabama is the last state to do away with judicial override.
Read more about it here.
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