DataDelaware  

*These factors track the process--i.e. the effort and obstacles--for obtaining data from individual states under the Freedom of Information Act (FOIA) request and appeals process. These factors do not measure the quality of the data; only the process of attempting to obtain the data.

We were not able to attain any data from Delaware whatsoever.

Delaware erects significant obstacles to requesting and receiving any data, including a residency requirement – i.e. that the person filing the request be a legal resident of Delaware. Although we attempted to use publicly available web portals to identify individuals incarcerated under felony murder in other states, Delaware has no publicly available web portals.

There is a financial barrier even for those who meet the residency requirement. Charges for administrative fees from FOIA requests may include staff time associated with processing FOIA Requests, “including, without limitation, (a) identifying records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs).”

In Delaware, felony murder is defined in both first Del. Criminal Code § 636) and second degree murder statutes. (Del. Criminal Code § 635).

Prosecutors can charge and convict any person of first degree and second degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that in the commission or attempted commission of another felony, a person was either reckless or negligent in causing another person’s death. A conviction for felony murder carries a sentence of death or life without parole.