Sentencing convicted murderers and rapists to death using Florida’s unique system is unconstitutional, the U.S. Supreme Court ruled Tuesday, because it gives too much power to judges — and not enough to juries — to decide capital sentences.
The decision could trigger new sentencing appeals from some of the 390 inmates on Florida’s death row, a number second only to California. And those whose initial appeals are not yet exhausted could escape their death penalty punishment all together.
The 8-1 ruling said that the state’s sentencing procedure is flawed because juries play only an advisory role in recommending death while the judge can reach a different decision.
The court sided with Timothy Lee Hurst, who was convicted of the 1998 murder of his manager at a Popeye’s restaurant in Pensacola. A jury divided 7-5 in favor of death, but a judge imposed the sentence.
Florida’s solicitor general argued that the system was acceptable because a jury first decides if the defendant is eligible for the death penalty.
Writing for the court, Justice Sonia Sotomayor said a jury’s “mere recommendation is not enough.” She said the court was overruling previous decisions upholding the state’s sentencing process.
“The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death,” Sotomayor said.
The justices sent the case back to the Florida Supreme Court to determine whether the error in sentencing Hurst was harmless, or whether he should get a new sentencing hearing.
Justice Samuel Alito dissented, saying that the trial judge in Florida simply performs a reviewing function that duplicates what the jury has done.
Under Florida law, the state requires juries in capital sentencing hearings to weigh factors for and against imposing a death sentence. But the judge is not bound by those findings and can reach a different conclusion. The judge can also weigh other factors independently. So a jury could base its decision on one particular aggravating factor, but a judge could then rely on a different factor the jury never considered.
In Hurst’s case, prosecutors asked the jury to consider two aggravating factors: the murder was committed during a robbery and it was “especially heinous, atrocious or cruel.” But Florida law did not require the jury to say how it voted on each factor. Hurst’s attorney argued that it was possible only four jurors agreed with one, while three agreed with the other.
Sotomayor said Florida’s system is flawed because it allows a sentencing judge to find aggravating factors “independent of a jury’s fact-finding.”
Three of Florida’s current death row inmates were sentenced over the jury’s life recommendation. But no judge had overridden a jury recommendation in a death penalty case since 1999, according to state officials.
The Supreme Court ruled in 2002 that a defendant has the right to have a jury decide whether the circumstances of a crime warrant a sentence of death.
Florida Attorney General Pam Bondi said in an email statement Tuesday evening that the state will need to make changes to its death-sentencing statutes.
“I will work with state lawmakers this legislative session to ensure that those changes comply with the Court’s latest decision,” Bondi said. “The impact of the Court’s ruling on existing death sentences will need to be evaluated on a case-by-case basis.”
Alabama also allows judges to override a jury’s findings in death penalty sentencing hearings, but it’s not clear whether its system is affected by the case. Alabama Attorney General Luther Strange issued a statement saying the Florida ruling does not affect Alabama law.
Bryan Stevenson, director of the Alabama legal advocacy group Equal Justice Initiative, said Alabama’s system is identical to Florida’s in most respects and could be affected.
The Associated Press contributed to this article
This is why we need term limits for judges!!
Without question…..not only term limits but they should be VOTED in by the people….Inclusive of State level judges……
Absolutely. Our sovereign Constitution never gave them lifetime tenure.
We also need more/better firearms marksmanship training for the LEOs. Fewer of these vermin would come to trial.
Yes. Also, Florida’s justice system has always been one of the worst in the nation. Remember Gideon v. Wainwright?
Read Gideon’s Trumpet.
What do you expect from a bunch of old men and women that gave us same sex marriage. They are just part of Obama’s plans to get all criminal out of prison.If Obama could get the Supreme Court to make a decision on illegals or the refugees he would and they would agree with him. They the supreme court is no longer fair and impartial they are also bought and paid for.
I totaly agree they are in office to long. Term limits now …
The headline is not only misleading, it’s downright wrong. The supreme court did NOT rule that the death penalty is unconstitutional. They ruled that the jury makes the decision and the Judge does not have the authority to over rule them. There is a big difference. This is what news people do to sell headlines and get famous. They don’t care who they affect or hurt by their self sensational jibberish.
Funny they make a big deal over a judge overruling a jury but not when 65 % of the people can vote on a law that says marriage is between a man and a woman and one liberal judge can say “not so” and overrule them. That is what happened here in Montana and then 5 appointed, not elected judges, can overrule thousands of years of law and tradition and it is supposed to be ok. Welcome to progressive America, I wonder how many more years we will survive before we are destroyed like Sodom and Gomorrah.
Thank you.
Funny to see that the dissenting opinion came from a “Catholic” judge who would never support abortion rights …. A “Cafeteria Catholic” * for sure.
___
* One of the worst thing a Catholic can be, according to conservative Cathotlics.
I find it troubling that this man was sent to death row based on a 7-5 jury decision. The judge should have sided with the ones who opposed the death penalty. If someone lands on death row, there should be no question they are guilty of the crime. The accused deserves to have a 12-0 death penalty recommendation.
I don’t want to be paying for any murder, rapist, pedifilier, while they live off my tax money, yes there are some exceptions that’s what a trial is for, but we need to get rid of all the perks crooks get, their in there to pay for what they done not to be coddled. While I and most tax payers struggle to make end meet.
I think this is a bunch of bull s- – – so if the person goes out and kills some body all they are going to do is have there hearing and if the jury says guilty and they propose the death sentence , will the judge say,s na its not that bad lets just put him in prision for a while until he learns his lesson well guess what he will say yes I learned my lesson I wont do it any more so he gets out 2 days later he goes out and rapes and kills somebody again ,what are you going to then same thing , its a dam good thing I am not the judge or jury because if I was and they proved with out a shadow of a dought that he was guilty his butt wouldn’t be sitting behind those bars for 30 or 40 yrs they proved him guilty so he done the crime don’t give him the time give him the death penalty and if they go out and rob some body or a store or bank get that freaking chain gang back make them work in the scorching sun , the rain and storms and make them work out side in the winter when its freezing cold they will think about that ball and chain when it gets hot or freezing cold around those ankles , The south done this umpteen years ago bring it back and you can bet there will be a lot less crimes , sorry if this sounds to cruel but they don’t give a dam about that persons life so why should these judges care , get this done and I bet we wont need these jails anymore and less drugs too: Think about it!!!!!!!!!!
I think it’s always a question of Death versus life in prison without parole. They aren’t letting them out just because they don’t get the Death sentence. And the states that execute the most people… e.g. States with Capital Punishment have higher murder rates than states that don’t. So it sure as hell isn’t a deterrent.
How do you figure that Bruce, are you saying the states with Chicago, St. Louis, Detroit, Washington, DC, New York City and the state of California have Capital Punishment, never heard that before.
The death penalty is used to permanently remove those individuals that choose to ignore the rules of society. It’s not intended to act as a deterrent. Prison as a deterrent, maybe. How many tens of thousands of dollars per prisoner are directed to keeping murderers in prison for life instead of using the money for something beneficial to society? Maybe better wages and benefits for the military, job training, country wide infrastructure etc.
And why on earth are we paying for super prisons? They may be privately run but we are paying to fill them. If these characters are so scary that we have to build institutions like a maximum security facility then we need to give our heads a big shake. These facilities are filled by people that don’t wish to play by societies rules, so don’t keep them around cause us more grief later on. Eliminate them!
Without a doubt florida’s judicial system is corrupt – Especially here on the east bank they have visions of godly hood.
This Supreme Court is corrupt to the core. Leftist ideology has no place in our constitution. Many of the SC justices are unqualified to be sitting on the bench in the first place. Lastly, the issue of the death penalty is a State issue and the SC has no enumerated power or authority to even hear this case, let alone render an opinion. Every State with the death penalty has the duty and obligation under the law to nullify this ruling and not comply with it.
Agree all they have changed are wrong immoral and illegal
WE SURE NEED SOME NEW SUPREME COURT JUSTICES, THOSE BLEEDING HEARTS NEED TO STAND BY AND WATCH A CRIME BEING COMMITTED AND SEE THE LOOK AND DESPAIR ON A DEAD PERSON KILLED IN THEIR PRIME OF LIFE.
MAYBE SEND THEM ON A VISITING TOUR TO A BATTLE ZONE AND HAND THEM A RIFLE AND SEE HOW THEY THINK ABOUT THAT. OR BETTER YET SEND THEM OUT ON THE STREETS OF A BIG CITY LIKE CHICAGO, BALTIMORE AND DETROIT AND SEE WHAT THEY THINK OF THE DEATH PENALTY FOR THESE HOODS THAT HAVE NO COMPUNCTION
ABOUT KILLING ANOTHER KID, SINCE A LOT OF THEM HAS DONE THIS A NUMBER OF TIMES. LET THEM GET OUT IN THE REAL WORLD AND SEE WHAT IS HAPPENING OUTSIDE THEIR TIGHT LITTLE WORLD.
That is just it…they are so far removed that they have no clue. That is why I say hand the power back locally to the communities and States who know what is going on near them and set up people who want to resolve the problems in place and a means in which to carry it out. People are better at solving their problems at the local level rather than these guys in Washington, DC who have one person representing an area playing politics. Organize groups of people by neighborhood to work together within their communities to clean things up. If things are corrupt, hold people accountable and reward positive action. It is not that difficult. The problem is the Fed has WAY TOO MUCH POWER.
I think JURY should have to reach a UNANIMOUS decision before a DEATH sentence could be imposed. No “sole” judge should be able to make such a decision on his/her own.
Cheers,
Tony
I agree, Tony, that’s just a call to utter corruption–or better, eliminate the death penalty altogether. It has never worked for deterrence in any society, and yes, it costs the taxpayers not only the grief of the act of the murder but enormous sums of money after. Find other solutions, like working , hard, to restitute something for the damage caused. Or a mental hospital, which is not fun surely, if that’s the story. Or create something where there could be awakening and real change. That takes hard tough decisions. The real ones. And forces society to see where they are creating these ways. Which many of the religions here touted are responsable for ,but they certainly don’t want to face it, as they make their immense sums of money from manipulation and teaching people that hurting themselves and others is “Love”. Wake up.
If the death penalty is UNCONSTITUTIONAL then what was the MURDER? was that KILLING OK! with the justice system and some of the American public. If someone KILLED ONE OF MY CHILDREN I would want to KILL them myself. Then why isn’t MURDER UNCONSTITUTIONAL? jUST SAYING!!!!!!!!!!!!! jUST WHERE WAS THE RIGHTS OF THE MURDERED ONES. who will protect the Children and most vulnerable?
I guess that BEING A SERIAL KILLER IS OK!!!!!!!!!!!!! then the poor chap should have gormet meals, a new TV, LAP TOP, AND ALL THE NEWEST AND BEST FOOD. All This the American public is paying for.
Well, this is just another reason why people should consider the old way: {an eye for an eye!} and of course term limits for EVERYBODY, not just the obvious ones!. And there are other ways and methods that can be considered as it or they relates with the bad guys and girls……..smiles!