For the second time in three years, lawmakers in the state Senate narrowly voted to repeal the death penalty, setting up a fight in the House, where police groups and the chamber's top Democrat will oppose the effort.
The Delaware State Senate recently voted 11-9 on in favor of repeal the death penalty after about an hour of debate.
"I wanted an amendment so that the death penalty conviction would guarantee that the individual convicted would be 23 hours in a cell, one hour outside the cell forever," Marshall said.
Senate Majority Leader David McBride, flipped his vote from no to yes, saying the death penalty is a "failed public policy that serves no purpose in our criminal justice system."
The legislation, sponsored by Sen. Karen Peterson, includes an exemption for the 15 inmates currently sitting on Delaware's death row, who would still face execution by lethal injection.
Gov. Jack Markell has yet to weigh in. A spokeswoman for Markell said in an email Thursday that the governor is following the debate, but would not take a position.
To read more CLICK HERE