Showing posts with label Judicial override. Show all posts
Showing posts with label Judicial override. Show all posts

Friday, April 17, 2015

Judicial override is a concept that has been in place since the late 1970s. It’s a permissive doctrine that gives state trial judges the option to override a jury’s sentencing determination and institute a sentence the judge believes is more suitable. In Alabama, judicial override has been used frequently to override jury verdicts of life without parole for the death penalty. The Supreme Court will soon decide whether to grant certiorari on the question of whether Alabama’s use of the judicial override option violates a defendant’s Sixth Amendment right to a jury as well as the Eighth Amendment’s prohibitions on arbitrary and capricious death sentences and cruel and unusual punishment.