Minors aged 16 years and over are eligible for the...

Minors aged 16 years and over are eligible for the death penalty. Those with mental retardation cannot be sentenced to death following the introduction of a law in 2001 assuring compliance with the Supreme Court Atkins v. Virginia ruling. Delaware has 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.