A bill that would allow the death penalty for some of the most serious crimes against children passed both the Alabama House and Senate.
However, the U.S. The Supreme Court had previously declared similar laws unconstitutional, leaving questions about how the new legislation might be enforced.
“It’s really a new day for the children,” said Pamela Casey, Blount County District Attorney. “Just in this last year alone, I’ve had two people who would’ve qualified to be charged under the bill,” Casey added.
Even with the law in place, Casey said, it could take years before anyone was actually sentenced to death.
“We would need to see a crime take place after the governor signed it. We would need to have a victim disclose. It would need to be charged correctly. A jury would have to determine that death was the appropriate sentence. So someone who commits a crime this year and is convicted—it could be 20 years before we see a death imposed,” Casey explained.
Casey also noted that even after the governor signed the bill, the U.S. Supreme Court could still block it.
“If the U.S. Supreme Court comes down and says it’s still unconstitutional, that would prevent us from being able to seek death in these cases, even though our new law has been signed,” Casey said.
Alabama Representative Matt Simpson said having multiple states pass similar legislation could strengthen the case if it were challenged in court.
“At some point it has to be challenged. That’s how it gets brought up to the next level, whether it’s through a sentence or a legal brief. The challenge has to happen to get that ball rolling,” Simpson said.
The bill was sent to Governor Kay Ivey’s desk to be signed into law. Kay Ivey has shown overwhelming support for the bill since it was first introduced.
