Federal Judge Rules Florida Death Penalty Procedure Unconstitutional

A federal judge ruled last Monday that Florida’s death penalty sentencing procedure, which does not require juries to make specific findings regarding the factors that make a murder case death eligible, is unconstitutional.  Legal experts across the state suggest that the ruling could have a significant impact on a number of cases and may even lead to stays of execution. In his ruling, U.S. District Judge Jose E. Martinez found that Florida’s current sentencing procedures violate a 2002 U.S. Supreme Court decision that stuck down portions of Arizona’s death penalty statutes.  In giving his ruling, Martinez wrote, “The defendant has no way of knowing whether or not the jury found the same aggravating factors as the judge. Indeed, the judge, unaware of the aggravating factor or factors found by the jury, may find an aggravating circumstance that was not found by the jury.”

Following the ruling, Howard Simon, executive director of the American Civil Liberties Union of Florida, spoke not only about the ruling, but systemic problems plaguing Florida’s death penalty system. “This is yet another sign of the systematic injustices that make up Florida’s death penalty system, which is already plagued by wrongful convictions, racial inequities, the highest rate of exonerations and inadequate legal representation. As the foundation of Florida’s death penalty system continues to crumble, it becomes harder to justify.”

Martinez’s decision came in the case of Paul Evans, who will now get a new sentencing hearing. Evans’ murder conviction still stands.

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