• 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 Still Outlier as Death-Penalty Fix Falls Short of Requiring Unanimous Jury Verdicts

February 19, 2016 | FlaglerLive | Leave a Comment

florida death penalty
It’s coming back. (Ken Piorkowski)

The Florida House on Thursday overwhelmingly approved a compromise measure designed to cure the state’s death-penalty sentencing system, struck down by the U.S. Supreme Court last month as unconstitutional.


The Florida Senate is expected to sign off on the measure, which would require at least 10 jurors to recommend the death penalty for the sentence to be imposed and would empower juries to decide whether defendants should die or be imprisoned for life without the chance for parole.

The House and Senate had been split on whether jury recommendations for death sentences should be unanimous, an idea supported by the Senate while the House proposed 9-3 jury decisions. Under current law, simple majorities of juries have been able to recommend execution to judges, making Florida one of only three states — of nearly three dozen that have the death penalty — that do not require unanimous recommendations.

Senate leaders on Thursday confirmed that a deal had been worked out, virtually ensuring that the fix will be passed before the legislative session ends on March 11. Gov. Rick Scott has not said whether he would sign the measure, but he is expected to endorse it.

The Jan. 12 U.S. Supreme Court decision, in a case known as Hurst v. Florida, effectively put death sentences on hold in Florida until the Legislature addresses what the court decided was a constitutional infirmity in the state’s system of giving judges — and not juries — the power to impose death sentences. The process is an unconstitutional violation of defendants’ Sixth Amendment right to trial by jury, the court ruled.

The 8-1 decision dealt with the sentencing phase of death-penalty cases after defendants are found guilty and focused on what are known as “aggravating” circumstances that must be determined before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determination of such aggravating circumstances be made by juries, not judges.

The plan approved by a 90-23 vote Thursday (HB 7101) would require jurors to unanimously find that at least one aggravating factor exists before a defendant can be eligible for a death sentence. The measure also includes a component of the Senate proposal that would require prosecutors to notify defendants if they intend to seek the death penalty.

The Supreme Court ruling did not address the issue of whether jurors should make unanimous recommendations to judges about imposing the death penalty, a process that happens after jurors determine whether aggravating factors exist. But the issue of requiring unanimous recommendations — or 10-2 or 9-3 recommendations — largely dominated debate on the legislation.

House Speaker Steve Crisafulli praised the legislation, saying lawmakers have complied with the Supreme Court ruling.

“Changing the requirement for a jury’s sentencing verdict to be agreed upon by at least 10 of the 12 jurors has moved us to a position where we have gone beyond what was asked of us by the Supreme Court. These reforms will allow us to keep the death penalty in our toolbox to punish our most violent criminals,” Crisafulli, R-Merritt Island, said in a statement Thursday evening.

The Florida Supreme Court earlier this month indefinitely postponed the execution of Cary Michael Lambrix, scheduled to die last week, while the justices consider the impact of the Hurst decision on his and other Death Row inmates’ sentences.

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

During debate on the bill Thursday, a number of Democrats objected to the death penalty in general, and some hammered on Florida’s status as the nation’s leader in Death Row inmates who were exonerated before being executed. Others pointed out inequities in the state system in which more blacks than whites are sentenced to death.

Rep. Darryl Rouson, D-St. Petersburg, argued that the death penalty proposal was “cloaked in procedure but soaked in hateful policy.”

Rouson, a lawyer, said he had devoted years to learning about the death penalty.

“Always I have concluded the death penalty is wrong, because it lowers us all. It is a surrender to the worst that is in us. It uses a power, the official power, to kill by execution. That has never brought back a life, never inspired anything but hate. And it has killed many innocent people. All states should do as the bold few have done and officially outlaw this form of punishment,” he said.

The measure “does not fix problems with our criminal justice system,” said Rep. Jose Javier Rodriguez, a Miami Democrat and a lawyer who has supported a unanimous jury requirement.

“It deals with the integrity and the reliability of our sentencing scheme,” Rodriguez said. “This bill does not do as much as I think we should, in an ideal world, but I know that this bill does more than we need to.”

State attorneys, who pushed the House plan, had objected to unanimous jury recommendations, saying the idea would allow a single juror to “hijack” the process.

But Rodriguez, who voted for the bill, said requiring unanimous recommendations would not necessarily mean that fewer defendants would be sentenced to death. Studies have shown that juries that voted 9-3 in favor of the death penalty reached the same decision when unanimous recommendations were required, Rodriguez said.

But Rep. Dennis Baxley, a former head of the state’s Christian Coalition, rejected such arguments.

“I don’t really care how they do it in the rest of the world. I don’t care about the academic argument. I don’t care about the statistics. I care about getting it right,” Baxley, R-Ocala, said.

As a funeral director, Baxley said he has “walked with” families whose loved ones have been murdered.

“At some point, we have to give them some measure of justice and say there’s a line where it is so heinous that the only answer is the ultimate cost of their life,” he said.

Baxley also objected to Democrats’ assertion that the state is “killing” inmates, saying that executions instead are “completing an obligation of government.”

Other supporters of the measure rattled off high-profile cases in which juries did not unanimously recommend the death penalty.

“We’ve heard a lot of talk about exonerations and innocent people. The jurisprudence system … is the best system we know,” said House Criminal Justice Chairman Carlos Trujillo, a Miami Republican who sponsored the bill.

Florida’s system includes an automatic appeal to the state Supreme Court when defendants are sentenced to death, Trujillo noted, saying the court’s scrutiny is far from a rubber stamp.

Trujillo highlighted a Florida Supreme Court decision Thursday ordering a new trial for Ana Maria Cardona, convicted of starving, beating and killer her toddler son, known as “Baby Lollipops” because of the design on a t-shirt he was wearing when the three-year-old’s body was discovered in 1990.

Calling Lazaro Figueroa’s death “one of the most heinous crimes” in Miami-Dade County history, Trujillo pointed out that Thursday’s ruling was the second time the high court overturned Cardona’s death sentence.

“In the interest of justice she is entitled to a new trial, regardless of who she is,” Trujillo said.

–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

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

  • Edgar Williams on Palm Coast City Attorney Calls Mayor Norris ‘Unprofessional and Inappropriate’ 3 Weeks After Censure for Similar Behavior
  • Kennan on Israel’s Catastrophic Starvation of Gaza’s Millions
  • Jane Gentile-Youd on Dog Surfing Hilarity Conquers Flagler Beach as Chi-weenie, Corgis and Costumes Thrill to 4th Hang 8 Extravaganza
  • anonymous on An Ugly Town Meeting in Marineland as Questions Hang Over Legality of Mayor’s Unilateral Appointment of a Commissioner
  • The truth on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • PeachesMcGee on Palm Coast’s Golden Chopsticks Buffet Open Again 2 Days After Sanitation Inspection Ordered It Closed
  • Roy on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • PDE on Palm Coast’s Golden Chopsticks Buffet Open Again 2 Days After Sanitation Inspection Ordered It Closed
  • Ryan Jones on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Flagler Beach Resident on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Dusty on An Ugly Town Meeting in Marineland as Questions Hang Over Legality of Mayor’s Unilateral Appointment of a Commissioner
  • Nephew Of Uncle Sam on An Ugly Town Meeting in Marineland as Questions Hang Over Legality of Mayor’s Unilateral Appointment of a Commissioner
  • Pete on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Tony Mack on The Daily Cartoon and Live Briefing: Thursday, May 22, 2025
  • Joseph on Maga’s Fearful War on Universities
  • bruces on Palm Coast Mayor Norris Sues Palm Coast, Seeking Councilman Gambaro Booted and Special Election Held

Log in