Florida Supreme Court Urges Legislature to Institute Unanimous Juries
Posted: October 13, 2005
In a recent opinion addressing several procedural issues regarding the state's capital punishment law, the Florida Supreme Court urged state legislators to require capital jurors to be unanimous in recommending death sentences or at least in deciding what aggravating factors support a death sentence. "The bottom line is that Florida is now the
only state in the country that allows the death penalty to be imposed
even though the penalty-phase jury may determine by a mere majority
vote both whether aggravators exist and whether to recommend the death
penalty. . . . The requirement of a unanimous verdict can only assist the capital sentencing jury in reaching such a reasoned decision," wrote Justice Raoul Cantero for the court.
Cantero also noted that many scholars and courts, including the U.S. Supreme Court, have concluded that unanimous verdicts are important to the death sentencing process. Currently in Florida, only judges can impose death sentences, but they are required by law to give great weight to recommendations from juries. It takes a vote of 7-5 or greater to recommend death in a first-degree murder case. The only alternative is life in prison without parole. (Associated Press, October 12, 2005). In a 7-2 decision in Ring v. Arizona, the U.S. Supreme Court held that a defendant has the right to have a jury determine beyond a reasonable doubt that at least one aggravating factor exists to make him eligible for the death penalty. See DPIC's Ring v. Arizona Web page.
Cantero also noted that many scholars and courts, including the U.S. Supreme Court, have concluded that unanimous verdicts are important to the death sentencing process. Currently in Florida, only judges can impose death sentences, but they are required by law to give great weight to recommendations from juries. It takes a vote of 7-5 or greater to recommend death in a first-degree murder case. The only alternative is life in prison without parole. (Associated Press, October 12, 2005). In a 7-2 decision in Ring v. Arizona, the U.S. Supreme Court held that a defendant has the right to have a jury determine beyond a reasonable doubt that at least one aggravating factor exists to make him eligible for the death penalty. See DPIC's Ring v. Arizona Web page.