Florida Judge: New Death Penalty Law Unconstitutional
Source: Associated Press
Florida Judge: New Death Penalty Law Unconstitutional
By JOE REEDY, ASSOCIATED PRESS
MIAMI May 9, 2016, 6:25 PM ET
A Miami-Dade circuit judge declared that the state's new death penalty law is unconstitutional, saying Monday it should require a unanimous decision from the jury.
Florida had to revise its law after the U.S. Supreme Court ruled on Jan. 12 that it was unconstitutional because it gave too much power to judges, not juries. When the Florida Legislature passed the new law in March, some thought that it could hold constitutional muster because it says a jury needs a unanimous vote on aggravating factors to consider someone for a death sentence but it takes only a 10-2 vote to impose it.
Judge Milton Hirsch said the new law should require all 12 jurors to agree to the death penalty.
"Every verdict in every criminal case in Florida requires the concurrence, not of some, not of most, but of all jurors every single one of them," he said.
[font size=1]
-snip-[/font]
Read more:
http://abcnews.go.com/US/wireStory/florida-judge-death-penalty-law-unconstitutional-38989386