The Florida Senate rejected an amendment to the House bill to fix the Hurst v. Florida problem and then passed the bill 35-5.
Both of the bills considered by the legislature fix the immediate problem by having the jury render an explicit verdict on qualifying aggravating circumstances unanimously and based on proof beyond a reasonable doubt. The compromise bill allows the jury to recommend a death sentence on a 10-2 vote or greater.
The defeated amendment would have undone the compromise and adopted a single-juror-veto system. A genuine jury unanimity bill, requiring the jury to decide unanimously one way or the other as it does in the guilt phase, was never considered.
Meanwhile, in Colorado, a committee killed an attempt to dump the single-juror-veto system that produced the miscarriage of justice in the Aurora theater shooting case and replace it with a true unanimity system. The vote was nearly along party lines.
In Utah, a repeal bill narrowly passed the state senate, Jacob Gershman reports in WSJ Law Blog. The governor is a strong supporter of capital punishment.
Both of the bills considered by the legislature fix the immediate problem by having the jury render an explicit verdict on qualifying aggravating circumstances unanimously and based on proof beyond a reasonable doubt. The compromise bill allows the jury to recommend a death sentence on a 10-2 vote or greater.
The defeated amendment would have undone the compromise and adopted a single-juror-veto system. A genuine jury unanimity bill, requiring the jury to decide unanimously one way or the other as it does in the guilt phase, was never considered.
Meanwhile, in Colorado, a committee killed an attempt to dump the single-juror-veto system that produced the miscarriage of justice in the Aurora theater shooting case and replace it with a true unanimity system. The vote was nearly along party lines.
In Utah, a repeal bill narrowly passed the state senate, Jacob Gershman reports in WSJ Law Blog. The governor is a strong supporter of capital punishment.
Leave a comment