Florida Governor Ron DeSantis signed a number of historic payments into regulation throughout the newest legislature session, which ended on Might 5, 2023.
One focuses on the Florida dying penalty. Briefly, the adjustments to the regulation will drastically influence the quantity of people that face the dying penalty. To study extra concerning the regulation and its anticipated influence, learn on.
What Is Florida’s Demise Penalty Legislation?
Florida was the primary state to reinstate the dying penalty after the U.S. Supreme Courtroom abolished it within the 1972 case Furman v. Georgia.
The dying penalty in Florida permits for the execution of people with a conviction for particular crimes. Beforehand, the regulation required unanimity, which means everybody on the jury needed to advocate the dying penalty handy down a dying sentence. However now, the brand new regulation dissolves unanimity.
Moreover, the regulation discusses when the jury should hand down a life sentence, with out the potential for parole, as an alternative of a dying sentence.
Nevertheless, it’s necessary to notice that the regulation and adjustments mentioned beneath solely have an effect on the jury vote for the penalty part of capital trials. Juries nonetheless want a unanimous vote to convict somebody of a criminal offense.
What Crimes Can You Obtain the Demise Penalty for in Florida?
One can solely obtain the dying penalty for a capital felony. Capital felonies in Florida embody violent crimes equivalent to:
- Armed kidnapping
- Capital drug trafficking
- Capital sexual battery (together with youngster rape)
- Felony and first-degree homicide
Nevertheless, underneath Florida Statute 921.141, the jury should unanimously discover that a minimum of one aggravating reality within the statute was current within the case. If the jury can not discover a minimum of one aggravating issue past an affordable doubt, they can’t advocate the dying penalty.
Who Determines if You Obtain the Demise Penalty in Florida?
The chosen jury in your case determines should you get the dying penalty. Of the 27 states with the dying penalty, the vote have to be unanimous in all however two (Alabama and now Florida).
But, in Florida, even when the jury recommends the dying penalty, the decide can impose a life sentence as an alternative.
What Adjustments Occurred to Florida’s Demise Penalty Legislation in 2023?
In Tallahassee, lawmakers in each the Home and Senate voted to vary the jury advice for the dying penalty from a unanimous vote to an 8-4 vote.
The Home voted 80-30, and the Senate voted 29-10.
The adjustments come as a direct response to the sentencing of the Parkland faculty shooter, Nikolas Cruz, final 12 months, the place the jury handed down a life sentence slightly than a dying sentence.
Nevertheless, the regulation is anticipated to face authorized challenges. Notably, this isn’t the primary time Florida has voted to dispose of the unanimous vote. Within the mid-2010s, Florida lawmakers voted that solely a easy majority was essential to advocate the dying penalty.
Many stated the regulation was unconstitutional, and thus, it made its strategy to the U.S. Supreme Courtroom. The Courtroom certainly dominated the regulation unconstitutional and compelled the Florida Supreme Courtroom to reinstate the unanimous advice for the dying penalty.
With the brand new 2023 adjustments, Florida once more has the bottom threshold for giving the dying sentence in comparison with different states with the dying penalty. As talked about, Alabama is the one different state that doesn’t require a unanimous jury vote. In Alabama, the jury requirement is 10-2.
In time, the courts will both strike down the regulation or enable it to remain on the books.
What Types of Execution Does Florida Use?
In 1923, Florida lawmakers abolished public hangings and licensed utilizing the electrical chair. The Florida Division of Corrections employees constructed the electrical chair in 1999 that the state nonetheless makes use of right this moment. Florida has opposed taking out the strategy, saying it acts as a deterrent.
In 2000, the Florida legislature handed a regulation that permits deadly injection in its place technique. Right this moment, deadly injection is the default technique the state makes use of.
The place Are Florida Executions Held?
Whatever the technique, dying row inmates face execution on the Florida State Jail (FSP) in Raiford, FL. FSP is a few 45-minute drive from Jacksonville.
Get the Assist You Want for Your Case
For the reason that Florida dying penalty now has the bottom threshold of any state within the U.S., prosecutors usually tend to search the dying penalty in circumstances they might in any other case not have earlier than.
If regulation enforcement has charged you with a capital felony, hiring an lawyer to assist in your protection is crucial. Fortunately, you’ll be able to get assist now from a high legal protection lawyer in Tampa. At Mike G. Legislation, we’ll work diligently in your case and combat on your justice underneath the regulation.
