• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Florida’s Lethal Injections Ready to Stab Again As Gov. Scott Signs Death Penalty Bill

March 13, 2017 | FlaglerLive | 1 Comment

Grim wheels: The van that takes the corpses of inmates who have just been executed at Starke state prison, above, may soon be rolling again. (© FlaglerLive)
Grim wheels: The van that takes the corpses of inmates who have just been executed at Starke state prison, above, may soon be rolling again. (© FlaglerLive)

After more than a year of uncertainty, Florida is again poised to begin executions and prosecute death penalty cases after Gov. Rick Scott signed a law Monday aimed at fixing flaws in the state’s capital sentencing procedure.


“Governor Scott’s foremost concern is always for the victims and their loved ones. He hopes this legislation will allow families of these horrific crimes to get the closure they deserve,” Scott spokeswoman Jackie Schutz said in a statement early Monday evening.

The new law — the second death penalty “fix” in a year — came in response to a series of court rulings, set off by a U.S. Supreme Court decision in January 2016 in a case known as Hurst v. Florida.

The 8-1 opinion, premised on a 2002 ruling in a case known as Ring v. Arizona, found that Florida’s system of allowing judges, instead of juries, to find the facts necessary to impose the death penalty was an unconstitutional violation of the Sixth Amendment right to trial by jury.

The Legislature last year hurriedly passed a law to address the federal court ruling, but the Florida Supreme Court struck down the new statute. Florida justices said the law was unconstitutional because it only required 10 of 12 jurors to recommend death, instead of unanimous jury decisions.

The state and federal court rulings — and others related to it — created confusion regarding Florida’s death penalty, with circuit judges split on whether they could move forward with capital cases until the Legislature addressed the issue of unanimity.

Although the Florida court recently decided capital cases could proceed even in the absence of a statutory fix, legislators nevertheless rushed to address the issue, making it the first bill passed by both chambers and sent to the governor by the end of the first week of the 2017 legislative session.

The Florida Senate unanimously approved the proposal (SB 280) Thursday, and the House approved the measure by a 112-3 vote the following day.

Click On:


  • Justice James E.C. Perry’s Last Dissent Denounces Florida’s Death Penalty
  • 3 Flagler Death Sentences Among More Than 200 Invalidated By Florida Supreme Court
  • Seizing on Orlando Murder Case, Justice Breyer Asks Court to “Reconsider Constitutionality of Death Penalty”
  • Revealed: Florida Stockpiling Lethal Injection Protocol Never Used Before, Inviting Litigation
  • Florida’s Death Penalty Law in Disarray, Supreme Court Throws Out Yet More Sentences
  • Florida Lawmakers Urged to Require Unanimous Verdicts in Death Penalty Cases
  • U.S. Supreme Court Declares Florida’s Death Penalty Scheme Unconstitutional
  • Scott Signs 21st Death Warrant 3 Days After UN Vote Calling for Capital Punishment Moratorium
  • Van Poyck, Third Florida Inmate Executed This Year, Leaves Stark Word Trail Behind
  • Fast-Track Kill Bill Aside, Scott Speeds Death Warrants, Slating 3 Executions in 26 Days
  • Exonerated Death Row Inmates Tell Flagler Beach Group of an Enduring Florida Injustice
  • Invitation to an Execution
  • Capital Punishment As a Crime More Dreadful Than Murder: Dostoyevsky on the Guillotine
  • Florida's Death Row Facts
  • Death Penalty Information Center
  • The Innocence Project
  • National Coalition to Abolish the Death Penalty
  • Floridians for Alternatives to the Death Penalty

Under the law, juries will have to unanimously recommend death for the sentence to be imposed on defendants convicted of capital crimes.

With nearly 400 inmates on Death Row, Florida has more prisoners facing execution than almost any other state.

As of last year, Florida was one of only three states — along with Alabama and Delaware, which has since blocked the death penalty — that did not require unanimous jury recommendations for death sentences to be imposed.

At the time, Florida required only a simple majority of jurors to recommend death. But the U.S. Supreme Court decision in Hurst, which did not address the unanimity issue, forced Florida lawmakers to reconsider the state’s entire capital sentencing system.

The “fix” authorized by lawmakers last year, and signed by Scott, required, among other things, at least 10 jurors to recommend death. But a majority of the Florida Supreme Court decided that the state’s constitutional right to trial by jury required unanimous jury recommendations, as in every other jury verdict, for death to be imposed.

Lawmakers backing this year’s effort maintained that, even if they disagreed with the court-ordered unanimity requirement, they were willing to back the change to put the state’s death penalty system back on track.

“It was important to me that, in the very first week of session, that we address this issue so we have a constitutional statute — as juries are being selected and as families of victims are in court in very stressful circumstances and in very difficult circumstances, we want a law that is orderly and structured and constitutional,” Senate President Joe Negron, R-Stuart, said Thursday, after his chamber’s vote.

But public defenders and criminal defense lawyers contend that the state law remains flawed.

Requiring unanimous jury recommendations is “only one step in a long journey,” 10th Judicial Circuit Assistant Public Defender Pete Mills told The News Service of Florida on Friday.

“Florida’s death penalty still has problems of constitutional magnitude, including but not limited to the failure to limit the scope of its application, racial disparities, geographic disparities, and execution of the mentally ill,” Mills, chairman of the Florida Public Defenders Association Death Penalty Steering Committee, said after the House overwhelmingly approved the measure.

–Dara Kam, News Service of Florida

Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. Veteran says

    March 13, 2017 at 7:54 pm

    Good!

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Pierre Tristam on The Daily Cartoon and Live Briefing: Monday, May 12, 2025
  • Pierre Tristam on The Daily Cartoon and Live Briefing: Monday, May 12, 2025
  • Ray W, on The Daily Cartoon and Live Briefing: Monday, May 12, 2025
  • Marty Reed on Flagler Beach Will Crack Down on Contractors Trashing the City and Flouting Rules at Residents’ Expense
  • Mothersworry on Flagler Beach Will Crack Down on Contractors Trashing the City and Flouting Rules at Residents’ Expense
  • JimboXYZ on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • PC Resident on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • A great full homeschooler on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • Kennan on The Daily Cartoon and Live Briefing: Sunday, May 11, 2025
  • PDE on The Daily Cartoon and Live Briefing: Monday, May 12, 2025
  • Carolyn on Flagler Beach Will Consider Selling Ocean Palm Golf Club to Leaseholder, With Conditional Milestones
  • MM on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • Atwp on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • Jake from state farm on NOAA Cuts Are Putting Our Coastal Communities At Risk
  • Land of no turn signals says on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline
  • Merrill Shapiro on Flagler Schools Face $2.5 Million Deficit as 400 Students Leave District for Private Vouchers in 3% Enrollment Decline

Log in