Florida’s new death penalty sentencing law is unconstitutional, according to the Florida Supreme Court.
Two new rulings released by the Court Friday make it clear that a jury needs to be unanimous in recommending death. The new Florida law had required a vote of at least 10 of 12 jurors in favor.
This review started when the Supreme Court found Florida’s death penalty sentencing laws unconstitutional, because the jury acted in an advisory role, but the judge was allowed to consider additional factors in making the ultimate ruling. Florida lawmakers enacted a new law to address that. The law also increased the number of jurors required to recommend a death sentence from a majority, to at least 10.
Hurst- the case that made it to the Supreme Court- now establishes the requirement for a unanimous jury. That case has now had the death sentence vacated and been remanded for a new sentencing phase.
The second ruling, Perry, also makes it clear that the new Florida law cannot be used in pending prosecutions because it is unconstitutional. The Court says that, while much of the new Florida law would stand, the portion requiring only 10 of 12 jurors instead of a unanimous decision renders the Act unconstitutional.
“To increase the penalty from a life sentence to a sentence of death, the jury must unanimously find the existence of any aggravating factor, that the aggravating factors are sufficient to warrant a sentence of death, that the aggravating factors outweigh the mitigating circumstances, and must unanimously recommend a sentence of death,” says the ruling in the Perry case.
A statement from the Florida Attorney General’s Office to WOKV says they are reviewing the new Florida Supreme Court ruling, but will require “unanimous decisions in capital cases as to the appropriateness of the death penalty,” in the meantime.
The Florida law also said that even if a jury makes a unanimous decision on aggravating factors, it does not have to recommend death. It further allowed a judge to impose a life sentence, even if a jury had recommended death, but did not allow a judge to impose a death penalty if the jury did not recommend it.
The State Attorney for the Fourth Judicial Circuit- which includes Duval, Clay, and Nassau counties- says the Florida Supreme Court ruling doesn’t have any immediate impact.
“The death penalty is still a viable sentence in the state of Florida. Today’s decision by the Florida Supreme Court will not affect the way we determine whether to seek a death sentence in a case. As always, we will follow the law and in appropriate cases, we will seek the death penalty,” the statement says.
The State Attorney’s Office further says they expect the legislature to amend the current death penalty statute, and that would be used in pending cases.
The State Attorney’s Office for the Seventh Judicial Circuit- which includes St. Johns County- says they are carefully reviewing the decision and are deferring comment to a later time when their review is done.
WOKV’s Legal Analyst Mark Rubin says there is still a big issue that hasn’t been made clear under these rulings.
“Those 390 people that are sitting on death row- their future is being held in the balance,” he says.
Rubin expects there will be a push from attorneys representing those inmates and other parties to commute the existing death sentences to life in prison so that the system can start over under the new guidelines. He says it’s unlikely that would be done by the State, however, and that they are more likely to look case-by-case.
“We’re in for a long road and a very complicated road on this issue,” Rubin says.
The next step is for lawmakers to rework the death penalty sentencing law.