Florida death sentence unconstitutional

The Supreme Court found Florida’s unique system of imposing a death sentence unconstitutional on Tuesday, saying it gives power to judges that is rightfully reserved for juries.

By an 8-1 ruling, the justices said Florida’s sentencing procedure is flawed because juries play only an advisory role in recommending death while the judge can reach a different decision. A judge sentenced Hurst to death after a jury recommended execution on a 7-5 vote.

The case involved Timothy Lee Hurst, who was convicted of stabbing a co-worker more than 60 times when robbing a Pensacola restaurant in 1998. The state supreme court had found Florida’s system met the Sixth Amendment standards because earlier U.S. Supreme Court decisions that found it acceptable hadn’t explicitly been overruled.

The U.S. Supreme Court ruled Tuesday morning Florida’s death penalty is unconstitutional.

According to The United States Supreme Court, when it comes to death penalty sentencing, the State of Florida has it backwards. Following state law, the judge assigned “great weight” to the recommendation and to her own findings that the crime was heinous enough to impose death.

For seven of the U.S. Supreme Court’s justices, this sentencing scheme clashed with the Court’s decision in the 2002 case Ring v. Arizona.

Sotomayor also rejected “a bevy of arguments” made by the state for why Hurst’s sentence was constitutional. “Rather, Florida requires a judge to find these facts”.

It was unclear how the ruling would immediately affect the 400 inmates facing the death penalty in Florida, though a number of similar challenges might be forthcoming.

With Florida being one of the major states still actively carrying out capital punishment, any changes to the system could have a significant impact. Even if a case is ordered to go through sentencing again, the verdict- which is determined in the trial phase, not the penalty phase- will likely not be affected. “Florida’s sentencing scheme, which required the judge alone to find the existence of an aggravating circumstance, is therefore unconstitutional”, she concluded.

“I think this decision will put any other states that might be tempted to leaving capital sentences to judges, that that’s not okay under our constitution”, said Gorod.

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.

Justice Samuel Alito filed the lone dissent, arguing Florida judges perform only “what amounts, in practical terms, to a reviewing function” which “duplicates the steps previously performed by the jury”.

The case was Hurst v. Florida (14-7505). “In the interest of bringing this protracted litigation to a close, I would rule on the issue of harmless error and would affirm the decision of the Florida Supreme Court”, he added. Lawmakers should respond to the court decision with a vigorous review and smart legislation that would make Florida’s death penalty legally bullet-proof.