Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 21. Release of Persons Accused of Crimes · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 2103 (2026)

Persons charged with a capital crime [Effective until Feb. 1, 2027]

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(a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section.

(b) The Superior Court may admit to bail a person charged with a capital crime if, after full inquiry, the Superior Court shall determine that there is good ground to doubt the truth of the accusation, and the burden of demonstrating such doubt shall be on the accused.

11 Del. C. 1953, §  2103;  56 Del. Laws, c. 231, §  1;
Notes of Decisions
Cited in 3 cases, 1969–2016 · leading case: Steigler v. Superior Court, 252 A.2d 300 (Del. 1969).
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Steigler v. Superior Court, 252 A.2d 300 (Del. 1969). · cites it 3× “§§ 1323, 1523, 1724) except that by recent enactment [11 Del.C. § 2103(b)] the Superior Court alone is authorized to admit to bail where a capital offense is charged.”
State v. Wright, No. 91004136DI (Del. Super. Ct. July 14, 2016). · cites it 4× “Wright was not bailable under 11 Del. C. § 2103, the Court finds that revelations about Detective Mayfield’s testimony at the Original Hearing about Ms.”
State v. Johnson, 295 A.2d 741 (Del. Super. Ct. 1972). “11 Del.C. § 2103. The fixing of bail in this case should not be construed as precedent in untried cases of first degree murder.”
11 Del. C. § 2103(a): 1 case
State v. Wright, No. 91004136DI (Del. Super. Ct. July 14, 2016). “Wright was not bailable under 11 Del. C. § 2103, the Court finds that revelations about Detective Mayfield’s testimony at the Original Hearing about Ms.”
11 Del. C. § 2103(b): 2 cases
Steigler v. Superior Court, 252 A.2d 300 (Del. 1969). “§§ 1323, 1523, 1724) except that by recent enactment [11 Del.C. § 2103(b)] the Superior Court alone is authorized to admit to bail where a capital offense is charged.”
State v. Wright, No. 91004136DI (Del. Super. Ct. July 14, 2016). “Wright was not bailable under 11 Del. C. § 2103, the Court finds that revelations about Detective Mayfield’s testimony at the Original Hearing about Ms.”
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