Delaware does not forbid the execution of the mentally...

Delaware does not forbid the execution of the mentally retarded or juvenile offenders but does have life without parole. Sentencing is decided by a judge, who can override the jury's recommendation. The Governor has the authority to grant clemency on the advice of the Board of Pardons. The Governor needs a favorable recommendation from the board in order to grant clemency, but does not have to go along with the recommendation.