<abstract xmlns="http://www.w3.org/1999/xhtml">
<p>On 17 November 2022 in Alabama, the death penalty by poison injection was scheduled to be executed on Kenneth Smith. His case is a disturbing example of the use of judicial power (known as ‘judicial override’) in the state law of Alabama that allowed the judge, at the time of the verdict in 1996, to overturn the jury’s decision recommending the choice of life imprisonment without parole instead of the death penalty, and thus give a final death sentence. The article presented here first provides a general analysis of the provisions of the federal constitution, relevant case law and federal legislation on the death penalty, and then presents an overview of state solutions to the death penalty. The key parts of the text deal with the institution of ‘judicial override’: its genesis and practice in the state of Alabama, and the application of the relevant legislation to the Kenneth Smith case. It argues that mechanisms such as ‘judicial override’ and their consequences strengthen the narrative of those arguing against the death penalty in the social and political debate.</p>
</abstract>

On 17 November 2022 in Alabama, the death penalty by poison injection was scheduled to be executed on Kenneth Smith. His case is a disturbing example of the use of judicial power (known as ‘judicial override’) in the state law of Alabama that allowed the judge, at the time of the verdict in 1996, to overturn the jury’s decision recommending the choice of life imprisonment without parole instead of the death penalty, and thus give a final death sentence. The article presented here first provides a general analysis of the provisions of the federal constitution, relevant case law and federal legislation on the death penalty, and then presents an overview of state solutions to the death penalty. The key parts of the text deal with the institution of ‘judicial override’: its genesis and practice in the state of Alabama, and the application of the relevant legislation to the Kenneth Smith case. It argues that mechanisms such as ‘judicial override’ and their consequences strengthen the narrative of those arguing against the death penalty in the social and political debate.

The Death Penalty and the Power of ‘Judicial Override’ in Alabama State Law

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

On 17 November 2022 in Alabama, the death penalty by poison injection was scheduled to be executed on Kenneth Smith. His case is a disturbing example of the...

The Death Penalty and the Power of ‘Judicial Override’ in Alabama State Law

Publicado en línea: 28 sept 2023

Páginas: 299 - 314

Recibido: 21 dic 2022

Aceptado: 28 ene 2023

DOI: https://doi.org/10.15290/bsp.2023.28.03.13

Palabras clave
Alabama state law, death penalty, Eighth Amendment to the U.S. Constitution, judicial override, powers of the judge

© 2023 Izabela Kraśnicka, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Death Penalty and the Power of ‘Judicial Override’ in Alabama State Law

Publicado en línea: 28 sept 2023

Páginas: 299 - 314

Recibido: 21 dic 2022

Aceptado: 28 ene 2023

DOI: https://doi.org/10.15290/bsp.2023.28.03.13

Palabras claveAlabama state law, death penalty, Eighth Amendment to the U.S. Constitution, judicial override, powers of the judge

© 2023 Izabela Kraśnicka, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Palabras clave
Alabama state law, death penalty, Eighth Amendment to the U.S. Constitution, judicial override, powers of the judge