« Why I am tempted now to call two federal judges who were formerly federal public defenders "front-runners" for a SCOTUS nomination | Main | "The Absence of Equality and Human Dignity Values Makes American Sentencing Systems Fundamentally Different from Those in Other Western Countries" »

March 3, 2016

Florida legislature completes Hurst "fix" for its capital punishment procedures

As reported in this AP piece, the "Florida Legislature on Thursday sent to Gov. Rick Scott a bill that would require that at least 10 out of 12 jurors recommend execution in order for it be carried out." Here is more:

Florida previously only required that a majority of jurors recommend a death sentence. Scott has not said if he will sign the measure but he has supported Florida's use of the death penalty since he became governor.

The U.S. Supreme Court ruled in January that the current law is unconstitutional because it allows judges to reach a different decision than juries, which have only an advisory role in recommending death.  The state Supreme Court halted two pending executions following the ruling, and court cases across the state had been put on hold.

Legislators were initially divided over whether they should require a unanimous jury recommendation in death penalty cases. Florida is one of only a handful of states that does not require a unanimous decision by the jury . State senators agreed to switch to 10 jurors as part of a compromise with the House, but some legislators have warned that the decision could result in the law being challenged once again.

The bill sent to Scott does not apply to the 389 inmates now sitting on Florida's death row.  The state Supreme Court has been asked to decide whether the U.S. Supreme Court ruling should apply to those already sentenced to death.

It is an absolute certainty, not just a possibility, that Florida's new capital sentencing procedure will be "challenged once again," which is why I put the term "fix" in quotes in the title of this post.  Indeed, given the need now to sort through the impact of Hurst (1) on the "389 inmates now sitting on Florida's death row" and (2) on Florida's (many) pending capital cases based on crimes committed before this new law was passed, and (3) on any future capital cases that apply this new law, I kind of feel bad for all the Floridian capital case prosecutors and defense attorneys who will likely not have much of an opportunity to work on their Florida tans for quite some time.

March 3, 2016 at 05:43 PM | Permalink

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB