The ruling, in a near-unanimous 8-1 vote, arose from the case of a man sentenced to death by a judge for the 1998 stabbing of a co-worker after a jury recommendation for execution. Although a Florida jury makes a recommendation in the proceeding, a judge makes the final determination on whether the convicted felon is sentenced to life imprisonment or to death.
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“This case leaves open the question about who is permitted to ultimately sentence someone to death once the jury has decided that they can be subject to this penalty”, said Mr Dunham.
Florida law state requires juries to weigh factors before suggesting a death sentence, but the judge is not bound by those findings.
“The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death”.
“The Sixth Amendment protects a defendant’s right to an impartial jury”, Sotomayor wrote. “Under the Florida system, the jury plays a critically important role”, he said, by weighing the evidence and recommending whether the murderer should die.
Tuesday’s ruling relied on a 2002 decision that struck down Arizona’s judge-driven system for deciding death penalty cases. It is not certain whether the decision will be made retroactive although convicted killers who have outstanding appeals will undoubtedly benefit. If judges can find their own set of facts and use them to alter a jury’s verdict, the Constitution’s jury trial guarantee is largely meaningless. Marquardt has been on Florida’s death row since 2012.
Howard Simon, executive director of the ACLU of Florida, praised the high court’s decision.
Miller said with the winding road leading to this point and the roughly 400 death row inmates across the state, he was not sure if the matter would be wrapped up so handily.
Florida and DE are the only states that require a simple majority jury vote for the death penalty. “What I anticipate will happen is the legislature will go back and make those adjustments that would be consistent with this opinion and other court opinions and to make it where the death penalty, in the future, will pass constitutional muster”, said Sims. Florida Supreme Court affirmed the sentence rejecting the argument of the convict that this capital sentencing scheme is unconstitutional.
He was tried twice, and the jury, though divided, recommended a death sentence, and the judge imposed one.
Action News Jax Law and Safety Expert Dale Carson said this new ruling claims all 12 jurors have to unanimously agree to the death sentence. But it is unclear whether all seven agreed on both, or, for example, whether four agreed on one and three on the other.
The ruling could impact hundreds of people now on Death Row, including many from Jacksonville.
Under Florida law, the maximum sentence for a murder conviction alone is life imprisonment.
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Florida Attorney General Pam Bondi issued a statement saying there will need to be a case-by-case evaluation of existing death sentences.
