Delaware – Death penalty abolitionists gathered at Legislative Hall on Tuesday to urge lawmakers to support House Bill 35, a measure aimed at enshrining Delaware’s ban on capital punishment in the state constitution. House Bill 35 seeks to solidify the 2016 Delaware Supreme Court decision that ruled the state’s death penalty statute unconstitutional. While House Bill 70, passed in 2022, formally repealed the death penalty, supporters of HB 35 argue that a constitutional amendment is necessary to protect the ban from potential legal challenges in the future. Advocates stress that securing this constitutional amendment is essential to permanently remove the death penalty as a potential punishment in Delaware. They emphasize that court decisions can be reversed, and legislative bodies can alter existing laws, making a constitutional amendment the only way to safeguard the ban. Rally participants also highlighted the death penalty’s disproportionate impact on people of color and historically marginalized communities. They pointed to Delaware’s troubling history of executions, noting that the state ranked third in the nation per capita for executions between 1992 and 2012. Supporters of HB 35 argue that a constitutional amendment is vital to prevent Delaware from reintroducing capital punishment. They assert that the risk of wrongful convictions underscores the need for a justice system that prioritizes healing over retribution. The bill has passed through committee and is now on the ready list, awaiting further legislative action. To amend the state’s constitution, the proposal requires a two-thirds majority vote in two consecutive legislative sessions.
