Non-Reciprocal Justice

Until 2017, in capital murder cases, Alabama judges could ignore a jury’s sentencing recommendation and impose their own sentence. I’ve heard the motivation was judges would be less passionate than juries, reducing the number of death sentences. In practice, however, judges — who are elected in Alabama — consistently overrode jury recommendations of life without parole to impose the death penalty. Calvinist law and order politics gets the votes in Alabama.

Recognizing the practice of judicial override was not yielding the expected results, the Alabama legislature voted to prohibit the practice in 2017. Unfortunately, in a legislative compromise to deflect voter anger, the law did nothing to address those sentenced to death before the legislation became law.

Today, 25 inmates are facing execution because the judge disregarded the jury’s recommendation. Jeffrey Lee’s execution is next, scheduled for September 17, prompting this email to the governor.

Governor Ivey,

Toward the goal of equal justice, please commute Jeffrey Lee’s sentence to life in prison without parole. Then, please commute the sentences of the other 24 inmates who were sentenced to death by judicial override.

As you know, the legislature forbid the practice of judicial override in 2017, yet the law did not make it retroactive. Roy S. Moore, former Chief Justice of the Alabama Supreme Court, wrote, “If it was wrong in 2017 for a trial judge to overturn a jury recommendation of life without parole, it is wrong to condemn…individuals who were denied that right prior to 2017.”

Referring to the law, former Alabama Supreme Court Chief Justice Drayton Nabers Jr. said, the “message was unambiguous: sentencing decisions in death penalty cases belong to juries, not to judges.”

In Jeffrey Lee’s case, the jury voted 7-5 for a sentence of life without parole. The judge ignored the recommendation.

I trust that you believe in the equality of justice. These 25 who are on death row deserve that despite their crimes. You have the power to enact it during the remainder of your term. As Jeffrey Lee’s execution is imminent, please act quickly.