Judge in Jefferson County Rules Alabama’s Death Penalty Statute Unconstitutional
In January, the U.S. Supreme Court ruled in Hurst v. Florida that Florida’s death penalty statute was unconstitutional. Alabama and Delaware are the only other states with similar statutes that require a judge – not a jury – to make the final decision about life or death in a capital case. It’s called judicial override. Attorney General Luther Strange has held that the Supreme Court ruling does not apply to Alabama. But Thursday one judge trying a murder case in Jefferson County disagreed. She ruled that Alabama’s capital murder sentencing scheme is unconstitutional, just like Florida’s. WBHM’s Ashley Cleek spoke with Judge Tracie Todd about her ruling.
Why She Made the Decision
“The problem with Alabama’s sentencing scheme is that it takes the decision from the jury and gives it to the judge,” says Todd. “Although the jury makes the recommendation as to life or death, the judge is the final decider. In Alabama, it is very arbitrary to apply the capital sentencing scheme in one way in one case, and in another way in another case,” Todd adds. “That occurs when you have different judges making a decision based on information that may or may not have been considered by a jury of one’s peers.”
What Does it Mean for Her Current Case?
Todd is presiding over the case of four men charged for three murders. Todd says the death penalty is now off the table.
“The state will not be able to seek the death penalty. I am sure the state, if it decides to, will challenge my ruling,” says Todd. “It will go up to the appellate courts, and it will go from there. If they affirm my ruling, then the death penalty statute of Alabama is unconstitutional. If they reverse my ruling, then someone will probably take it up to the U.S. Supreme Court, and we’ll see what happens.”
On “Legislating from the Bench” Claims
Todd says she doesn’t see Thursdays decision as legislating from the bench.
“I didn’t change a law. I just ruled that the [U.S.] Constitution and the ruling in Hurst applies to Alabama,” Todd says. “For me to legislate from the bench, that means that I would take the law as it is written and do something else, and that’s not what I am doing.”
“Whether you have a personal bias or you’re a proponent for the death penalty is not at issue here, in my opinion,” comments Todd, who points out she has imposed the death penalty in the past.
“It doesn’t matter whether I believe it personally should exist morally or legally, it exists. It is a part of our law, that is not the question,” Todd says. “As far as it being about override…death, which is a final judgment, final in the fact that life is gone, should be left with the jury, per the Sixth Amendment,” says Todd. “To take a portion of that (decision) from he jury and give it to a judge who hears information that was never presented to the jury, that can make a decision on new information, and who may have an incentive to impose the death penalty because of pressures from the community, is unconstitutional.
Judge Tracie Todd’s Ruling on Alabama Death Penalty Statute by WBHM News
Q&A: Bobby Carter on leading Tiny Desk, his time at Jackson State, early career advice
Carter, a Jackson State alumnus, took over as the new series host and producer for NPR’s “Tiny Desk Concerts” series in April.
Alabama to begin working with a consulting company that’s under criminal investigation
McKinsey & Company, an international consulting business, will help the state of Alabama develop a new strategic economic growth plan. The company is undertaking that project, while also dealing with a probe into whether it engaged in a criminal conspiracy.
‘Stupidity of politics’: Medicaid expansion effort dies in Mississippi
Mississippi lawmakers couldn’t come together to pass a bill that could have expanded Medicaid for thousands of residents.
This spiky-stemmed invasive grass is taking over Alabama
Classified as one of the worst weeds in the world, cogongrass aggressively crowds out native species and costs Alabama landowners tens of millions of dollars in lost revenue.
Gambling bill in doubt with three days left in the legislative session
Alabama lawmakers are coming down to the finish line for this year’s legislative session. Many bills await passage, but perhaps the biggest one up in the air is a lottery and gambling bill.
Pro-Palestinian demonstration draws counter-protest at University of Alabama
Students gathered demanding the school call for a permanent and immediate ceasefire and to push the school to sever ties with defense contractor Lockheed Martin.
