The Miami Herald carries the OpEd, "Florida ignores ‘unanimous jury’ legislation in death penalty cases at its peril." It's written by former Florida Supreme Court Justice Raoul Cantero and Florida State University Law prof Mark Schlakman.
Challenging the status quo to promote fairness and impartiality in our justice system can be both a virtue and an exercise in frustration.
When Florida’s death penalty process is at issue, even the most stalwart advocates for improvements in the administration of justice tend to shy away from the challenge, claiming that the timing isn’t right, that they don’t want to risk being branded as soft on crime or insensitive to victims’ issues, or that they don’t want to undermine their larger agendas by association.
Moreover, the Florida Bar Foundation, which had played an instrumental role in advancing death penalty process reform efforts, is less inclined to support such projects today given its depleted discretionary funding.
The alarming backdrop is that the Death Penalty Information Center, an independent Washington, D.C.-based nonprofit organization, reports that since 1973, Florida has reversed more death sentences than any other state.
Frank Lee Smith was exonerated posthumously after the actual perpetrator was identified. He died from cancer after languishing on death row for 14 years. Juan Melendez was exonerated after almost 18 years on death row when a taped confession by the real perpetrator was discovered.
Reasonable people may disagree about the merit, efficacy and morality of capital punishment, but all should agree that the process must be fair, impartial and as timely as possible.
Earlier coverage from Florida begins at the link.
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