Richard Dieter writes, "Florida ruling highlights arbitrariness of death penalty," at Jurist, this afternoon. He's the director of the Death Penalty Information Center.
A federal judge in Florida this week ruled that the state's death penalty statute was unconstitutional and in violation of the Sixth Amendment right to a trial by jury. This ruling has been a long time coming and may have a significant impact on Florida capital cases. The problem is with the way Florida decides who should be sentenced to death. In most death penalty states and under federal law, the questions of guilt and capital sentencing are both determined by a unanimous jury. In Florida (and a few other states), the jury determines guilt, but only makes a recommendation with respect to sentencing.
Today's Orlando Sentinel carries the editorial, "Bolster integrity of death penalty process to maintain support."
A federal judge has ruled that Florida's process for imposing the death penalty is unconstitutional, just days before a commission overseeing capital punishment in the state is scheduled for execution.
The commission — or at least its mission — deserves a reprieve from Gov. Rick Scott. The risk that flaws in the legal system could lead to a mistake in sentencing becomes far more ominous when the death penalty is involved. With lives at stake, along with justice, oversight is critical.
On Wednesday, U.S. District Judge Jose Martinez struck down Florida's practice of allowing a majority of jurors to recommend a death sentence without specifying their reasons. Florida Attorney General Pam Bondi has asked the judge to reconsider his decision, and has vowed to appeal if he won't. A resolution could be years away.
And:
State lawmakers created the Florida Commission on Capital Cases in 1997 to "review the administration of justice" in death-penalty cases. But late in this year's legislative session, lawmakers passed a bill, with little deliberation, that eliminated the commission to save $400,000 a year.
It was not the first time Florida's capital punishment system has come under unfavorable review.
A 2006 study by the American Bar Association of Florida's death-penalty process found "substantial shortcomings," including confused jurors, disparities in sentencing based on race and geography, and unqualified lawyers representing inmates on death row.
In 2009, the state Supreme Court made changes to instructions for jurors in capital cases to address the confusion detailed in the ABA study. However, other flaws in the death-penalty process persist.
Critics of the Capital Cases Commission might point to such lingering problems as evidence that the panel has been ineffective. That's a better argument for strengthening its mandate, not abandoning it.
"Prosecutors stay the course despite death penalty ruling," by Tom Brennan for the Tampa Tribune.
Charles Rose, a professor at Stetson University College of Law and director of its Center for Excellence in Advocacy, said Martinez's opinion doesn't set any precedents, only casting "a different opinion in interpreting the [death penalty] statute."
But Rose said Martinez's ruling and reasoning will be cited in future and pending cases.
The professor said the Florida Legislature would be wise to tweak state law to head off those challenges.
"If they thumb their noses at the ruling, they may well find more and more challenges and down the line another court-imposed moratorium." Rose said.
Courthouse News Services distributes, "Florida Death Penalty Axed as Unconstitutional." It' by Jonny Bonner.
Earlier coverage of the Florida ruling begins at the link. The ruling in Evans v. McNeil is available in Adobe .pdf format.
More on Ring v. Arizona, the 2002 U.S. Supreme Court ruling, is via Oyez.
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