Alabama ended judicial override.
Now it must finish the job.
The United States Constitution guarantees the right to a trial by jury. Judicial override directly undermined that right by allowing a single elected judge to substitute their judgment for that of twelve jurors.
Other states corrected the mistake. Alabama hasn't.
Ends judicial override.
Ends judicial override and applies the change.
Ends judicial override and applies the change.
Ends judicial override — but not retroactively.
In Indiana, Delaware, and Florida the legislature or the courts applied the change retroactively or re-sentenced the individuals to life without parole. Alabama stands alone in continuing to enforce a sentencing scheme it has already rejected.
Unfair.
Unconstitutional.
26people are sitting on death row, awaiting execution, under an unconstitutional sentencing scheme. Opponents of clemency claim that judges were acting under their authority to override the jury's sentencing.
Right now, under Alabama law, two people convicted of the same capital crime can receive entirely different sentences, solely based on the year they were sentenced. That disparity violates basic principles of fairness and equal protection under the law.
Clemency is the only way to correct it. This is not about revisiting guilt or innocence — it is about correcting a constitutional wrong.
Grant clemency. End judicial override once and for all.
Judges acted under the law as it existed at the time. But Alabama's leaders have since determined that judicial override violated constitutional principles. When a constitutional flaw is identified, it must be corrected across the board — not selectively based on timing.
- §Apply today's standards of justice to a clearly defined group of cases
- §Correct unconstitutional sentences without reopening trials
- §Affirm respect for the jury's authority
- §Ensure fairness, consistency, and accountability
Gov. Ivey has already used her executive authority to commute the death sentence of Robin "Rocky" Myers to life without parole in 2025. A broader clemency action would honor jury verdicts for all individuals on death row due to judicial override and finally uphold the Constitution in all cases.