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Florida Death Penalty System Unconstitutional, Supreme Court Says
“A jury’s mere recommendation is not enough”, Justice Sonia Sotomayor wrote for the majority.
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The vote was 8-1, with Justice Samuel Alito the lone dissenter.
Although Hurt won the case, it does not necessarily save him from the death penalty.
A jury, by a 7-5 vote, had recommended to the judge that Hurst be executed but did not specify what aggravating factors it had found. The jury in Hurst’s trial did not specifically articulate the aggravating factors that made him eligible for the death penalty, while the judge who ultimately decided Hurst’s sentence did. He said the Florida legislature had been urged repeatedly to shore up Florida’s capital punishment sentencing scheme to enhance the jury’s role. Even though the jury in Hurst’s case recommended a death sentence, the plaintiff’s argument was with the process and not the particulars of this case.
Changing the way the sunshine state handles its death sentencing process is important, because Florida is one of the leading jurisdictions in doling out death sentences in the country.
“The Florida Supreme Court has a dozen different directions that it can go in and the only certain thing is that this is going to be litigated for a long time”, he said.
Coxe says the Supreme Court decision isn’t surprising because the high court already declared in 2002 juries have sole responsibility for deciding the aggravating factors, those case specifics that warrant execution.
Florida carried out two executions, despite the pending supreme court ruling on Hurst’s case.
As the New Yorker explained previous year, Alabama judges are, like their Florida counterparts, fully empowered to overrule a jury’s recommendation of life and sentence a defendant to death, instead.
The capital sentencing scheme in Florida is a hybrid among states that enforce capital punishment.
Justice Stephen Breyer, citing his previously expressed opposition to the death penalty, sided only with the majority’s judgment.
“There will be those who argue that it applies to Florida’s entire death row”. Hurst’s case will be sent back to the Florida court for re-sentencing in accordance with the Supreme Court’s decision.
As the Miami Herald reports, “In 27 of the 31 states that maintain the death penalty, the jury makes the final decision whether to impose the death penalty”.
There are 390 people now on death row in Florida.
As of late Tuesday morning, the Florida Supreme Court, Florida Attorney General Pam Bondi and Gov. Rick Scott had yet to make statements about the ruling. In their brief and sharply worded opinion Tuesday, it was clear the justices have little patience with Florida’s continued gamesmanship.
“The Sixth Amendment protects a defendant’s right to an impartial jury”, Sotomayor stated. Florida House Speaker Steve Crisafulli, who learned of the ruling while he was giving a speech to open the state’s annual legislative session, said the Supreme Court had “impeccable timing”.
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Zeigler’s attorney said Tuesday’s ruling should keep Zeigler from the death chamber and win his freedom.