Under the new law signed by Gov. Ron DeSantis, people in Florida can now face the death penalty with an 8-4 jury vote, no longer necessitating a unanimous decision.
“One juror,” DeSantis said, “should not be able to veto a capital sentence.”
DeSantis Signed the Bill in a Private Ceremony
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DeSantis signed the bill during a private ceremony held at the Capitol, where he was joined by family members of children who lost their lives in the 2018 Parkland shooting.
DeSantis Signed Two New Laws
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Since April, two recent death penalty laws have been put into effect. One permits the execution of individuals convicted of child rape, while the other allows juries to deliver death sentences with less than a unanimous vote.
Bill Expands on Capital Punishment
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The legislation broadening the scope of capital punishment in the state now permits the death penalty for specific sexual crimes against children, even if the victim survives. This expansion contrasts with Supreme Court precedent, which restricted the death penalty to offenses that intentionally caused the victim’s death. Additionally, the new law also employs the 8-4 majority standard.
Florida Has Already Executed Three People in Three Months
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These changes follow a recent series of executions in Florida, with three individuals put to death in three months: Louis Gaskin, aged 56, Donald Dillbeck, aged 59, and Darryl Barwick, aged 56. These executions mark the state’s first since 2019.
DeSantis Pushed Forward Executions While Eyeing His Presidential Run
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While Governor DeSantis advanced the agenda of executions and broadened the scope of the death penalty, it is evident that he was considering a presidential campaign.
Florida Bill Creates the Lowest Threshold for Imposing the Death Sentence
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Florida’s new policy permits death sentences with agreement from at least eight jurors, establishing the lowest threshold in the nation for such sentences. Currently, only Alabama allows death sentences without unanimous jury agreement, but it mandates at least 10 jurors to agree on the death penalty.
New Law Erases Essential Procedural Safeguards.
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Melanie Kalmanson, who serves on the ABA Death Penalty Representation Project Steering Committee, said, “This new legislation erases important procedural safeguards that were implemented in Florida in 2017 after the U.S. Supreme Court’s 2016 decision in Hurst v. Florida, where the Court held that Florida’s capital sentencing scheme violated capital defendants’ right to trial by jury under the Sixth Amendment.”
Laws Will “Impose Sentences of Death That Are Almost Certainly Unconstitutional.”
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“With this new legislation, Florida runs the haunting risk of sentencing more innocent people to death. In addition, the state will impose sentences of death that are almost certainly unconstitutional,” she concluded.
“Why Not Just Make It a Coin Toss, Ron?
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Legal analyst Glenn Kirschner took to X, formerly Twitter, “Why not just make it a coin toss, Ron? He really is working hard to earn the name, “DeathSantis.” @glennkirschner2
Parkland Shooting Was the Reason for the Bills
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DeSantis cites the 2018 Parkland shooting as the catalyst for these new laws. In the Stoneman Douglas High School shooting of 2018, Nikolas Cruz shot 14 students and three staff members.
Three of the Twelve Jurors Voted to Spare the Gunman
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During the sentencing trial, three out of the twelve jurors voted against imposing the death penalty on the gunman.
Cruz Received 34 Consecutive Life Sentences
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At the age of 19, Cruz was sentenced to 34 consecutive life terms without the chance of parole. The case concluded in November 2022, and subsequent to that, DeSantis has been advocating for a death penalty without requiring a unanimous jury verdict.
DeSantis Signed Death Warrants for the Recent Executions of Four People
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Having abstained from authorizing state executions for a three-year period, DeSantis recently issued death warrants for four individuals. Two of these warrants were signed before his official declaration of candidacy on May 24, and the other two were signed subsequently.
Justice Department Announced a Moratorium on Federal Executions
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Although the Justice Department declared a temporary halt to federal executions in 2021, it remains just that — a momentary pause. There is no impediment preventing a pro-death penalty candidate elected next year from swiftly resuming these executions.
Poll Finds Americans Prefer Life Sentences
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According to a 2019 Gallup poll, 60% of Americans favored a sentence of life imprisonment for murder, while only 36% preferred the death penalty. This marked the first instance in the poll’s history, which has been conducted every three years since 1986, where most Americans picked life imprisonment over the death penalty.
Trump States, “Anyone Caught Trafficking Children” Should Receive “Death Penalty.”
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In a campaign video released in July, Trump introduced an additional group of criminals whom he argued should receive the death penalty.
“I will urge Congress to ensure that anyone caught trafficking children across our border receives the death penalty, immediately,” Trump said.
Biden Would Rather the Death Penalty Not Become a Campaign Issue
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Biden’s decision to remain silent implies his preference for avoiding the death penalty as a campaign focal point. Nevertheless, activists are determined to compel him to address the topic by urging campaign debate moderators to ask questions regarding capital punishment.
“We’d like Biden to articulate his position and say it out loud,” stated Abraham Bonowitz, Director of Death Penalty Action.
Capital Punishment Could Be a Significant Campaign Issue in the Presidential Race
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Capital punishment might become a prominent campaign topic in the U.S. presidential race for the first time in three decades. Leading GOP contenders, Donald Trump and Ron DeSantis, are engaged in a competitive display of support for stricter and more extensive death penalty legislation.
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