Alabama, the last remaining state to allow judges to override the recommendation of jurors with respect to a death sentence, appears to be close to prohibiting the practice through legislation. On Tuesday, the Alabama House of Representatives voted 78 to 19 to pass SB 16 which would prevent judges from overriding a jury recommendation of life without parole in capital cases. The bill is expected to be signed by the governor. The law, however, will not change the number of votes required for imposition of the death penalty which remains at 10. This has led some to question why 12 votes are necessary to find the defendant guilty but only 10 votes to recommend a sentence of death.
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