The Death Penalty in the OSCE Area–Background Paper 2017 statute.108 In December 2016, the Delaware Supreme Court further ruled that its August decision declaring the state’s death penalty law unconstitutional has to be considered retroactive.109 However, a group of Delaware lawmakers is backing legislation designed to reinstate the death penalty.110 Nevada made some steps towards the abolition of capital punishment by introducing “Assembly Bill 237” in February 2017.111 However, although the bill was heard once at an Assembly Judiciary meeting on 29 March 2017, it was scuttled shortly after on 14 April 2017, the deadline for bills to make it out of their original committee.112 The bill, sponsored by two democrats representing Las Vegas, would have made life without parole the strongest punishment in place for heinous crimes, changing the sentence for the 82 inmates on death row to life in prison without parole and ending future death sentences.113 On 13 March 2017, Florida’s Governor signed “Senate Bill 280” into law.114 The bill requires that a jury to unanimously recommend the death penalty before a judge can impose it. The move brings Florida law in line with death penalty procedures across the rest of the United States.115 The bill represents a response to two Florida Supreme Court’s rulings, namely Hurst v. State and Perry v. State, that put Florida’s death penalty process on hold in 2016.116 In addition, bills to exempt individuals with severe mental illnesses from facing the death penalty are expected in at least seven states in 2017. Legislators in Idaho, 108  In the case of Benjamin Rauf v. State of Delaware, the court held that Delaware’s death sentencing procedures violate the constitutional principles recently set forth by the U.S. Supreme Court’s January 2016 decision in Hurst v. Florida. <http://cases.justia.com/delaware/superior-court/2016-1509009858.pdf?ts=1453834857>. 109  “Delaware Supreme Court Declares State’s Death Penalty Unconstitutional”, Death Penalty Information Center, < https://deathpenaltyinfo.org/node/6519>. 110  “Delaware death penalty fight returns”, News Works, 27 March 2017, <http://www.newsworks.org/index. php/local/delaware/102565-delaware-death-penalty-fight-returns>; see also “Death penalty back on the table: New legislation will aim to restore capital punishment”, Delaware State News, 27 March 2017, http://delawarestatenews.net/news/new-legislation-aims-restore-capital-punishment/. 111  Assembly Bill No. 237, <https://www.leg.state.nv.us/App/NELIS/REL/79th2017/Bill/5091/Text>. 112  Meaghan Mackey, “Legislature scraps death penalty bill”, The Nevada Sagebrush, 18 April 2017, <http:// nevadasagebrush.com/blog/2017/04/18/legislature-scraps-death-penalty-bill/>. 113  Sandra Chereb, “Death penalty, bill deadline and teamwork fill eighth week of Nevada Legislature”, Las Vegas Review Journal, 1 April 2017, <https://www.reviewjournal.com/news/2017-legislature/death-penalty-billdeadline-and-teamwork-fill-eighth-week-of-nevada-legislature/>. 114  Senate Bill 280, “Sentencing for Capital Felonies”, http://www.flsenate.gov/Session/Bill/2017/0280/?Tab=BillText. 115  “Florida governor signs bill tightening death penalty”, CS Monitor, 15 March 2017, http://www.csmonitor. com/USA/2017/0315/Florida-governor-signs-bill-tightening-death-penalty. 116  “Hurst struck down Florida›s prior capital sentencing statute, which had allowed judges to impose the death penalty if a majority of jurors recommended death or to override a jury›s recommendation of life. Perry struck down an amended version of the statute, which had permitted judges to impose a death sentence if 10 or more jurors recommended death”. “Florida Legislature Passes Bill Eliminating Non-Unanimous Jury Recommendations for Death Penalty”, Death Penalty Information Center, <https://deathpenaltyinfo.org/node/6702>. 34

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