Criminal Defense Lawyers

Florida’s Death Penalty: Capital Crimes, Sentencing and Hiring a Lawyer

Florida’s Death Penalty: Capital Crimes, Sentencing and Hiring a Lawyer

Florida has one of the largest death rows in the country, with over 300 inmates currently facing execution. The state reformed its death penalty statutes in 2017 after the previous law was found unconstitutional by the U.S. Supreme Court. However, Florida made headlines again in 2022 when it passed a new law allowing death sentences to be imposed by non-unanimous juries. This controversial change is already facing legal challenges.This article will provide an overview of Florida’s death penalty law and how to choose adequate counsel if you’re facing capital punishment. We’ll cover:

• What crimes can lead to the death penalty in Florida
• How sentencing works, including recent changes to jury requirements
• The appeals process for death row inmates
• Finding a qualified lawyer for your defense

Capital Crimes in Florida

Florida law lists 15 aggravating factors that make a murder eligible for the death penalty. Some of the most common capital crimes include:

• First-degree murder
• Felony murder – a killing that occurs during the commission of a dangerous felony like robbery, rape, arson, etc.
• Killing a law enforcement officer
• Murder for hire
• Killing to disrupt law enforcement or the judicial process

Defendants convicted of capital murder are entitled to a separate penalty phase trial where aggravating factors and mitigating circumstances are considered before sentencing.Florida is one of the few states that allows the death penalty for felony murder, even if the defendant did not personally kill the victim. The law also has extensive lists of aggravating factors that can make any intentional murder a capital offense.

How Sentencing Works in Florida

Until 2016, Florida was one of only three states that allowed judges to override a jury’s recommended sentence in capital cases. This led to concerns about the arbitrary application of the death penalty.The U.S. Supreme Court found Florida’s system unconstitutional in Hurst v. Florida (2016). The ruling required juries to unanimously agree on all factual findings necessary to impose death.Florida responded by passing a new capital sentencing law in 2017. It required juries to unanimously agree on the aggravating factors and ultimate sentence. If even one juror voted against death, the defendant would receive life without parole.That changed again in 2022. Under the revised law, a death sentence can now be imposed as long as at least 8 out of 12 jurors recommend it – the lowest threshold in the nation. The jury does not have to be unanimous.This controversial change is facing immediate legal challenges. Opponents argue it increases the arbitrary application of capital punishment and violates constitutional protections against cruel and unusual punishment.Several Florida judges have already halted proceedings in pending death penalty cases until the state Supreme Court provides guidance. The issue may ultimately be decided by the U.S. Supreme Court.

The Appeals Process for Death Row Inmates

In Florida, death row inmates get an automatic direct appeal to the state Supreme Court after they are sentenced. This reviews any potential errors made during the trial itself that could have affected the outcome.If the conviction and sentence are affirmed, the defendant can then file post-conviction challenges in state circuit court. This stage focuses on constitutional violations like ineffective counsel, suppressed evidence, etc.After the circuit court rules, the case goes back to the state Supreme Court for review. If denied again, the defendant can file a federal habeas corpus petition in U.S. District Court.Ultimately, most death row appeals reach the U.S. Supreme Court. But few are ever granted certiorari for full review.On average, Florida death row inmates spend 12-15 years appealing their sentences before execution. Some have been there for over 30 years.

Finding a Qualified Lawyer for Your Defense

If you’re facing the death penalty in Florida, having an experienced capital defense attorney could literally make the difference between life and death. Here are some tips on finding qualified counsel:

• Look for a lawyer certified by the Florida Bar as an expert in capital defense litigation. Certification requires substantial trial experience and passing an exam.
• Find someone who specializes in death penalty defense, not a general criminal defense lawyer. This area of law is extremely complex.
• Consider a public defender office or nonprofit legal clinic dedicated to capital defense. They represent most death row inmates.
• Beware of lawyers who claim they can take any type of case. Death penalty litigation is its own unique practice area.
• Ask about the lawyer’s track record with previous capital cases. Have they ever gotten a death sentence overturned?
• Meet with the attorney in-person if possible. You need someone you can trust with your life.
• Be prepared to deal with multiple lawyers. Most death penalty cases require a whole team of attorneys, investigators and mitigation specialists.

The bottom line is you need someone with the skills, experience, resources and determination to build the strongest case for your life. This can mean the difference between life and death in Florida.

Conclusion

Florida has a long and controversial history with the death penalty. Recent changes to capital sentencing continue that legacy by lowering jury sentencing requirements to a non-unanimous 8 out of 12 votes. This will likely lead to new legal battles in the courts.If you’re facing the possibility of capital punishment, having an experienced death penalty defense lawyer is critical. Be sure to thoroughly research attorneys and find someone dedicated to saving the lives of their clients. The appeals process for death row inmates is extensive, but navigating it requires skilled counsel.While the death penalty debate continues in Florida’s legislature and courts, lives hang in the balance. We can only hope the system provides due process, avoids arbitrariness, and chooses mercy and life whenever possible.

Sources:

 Overview of Florida’s Death Penalty Laws
https://www.meltzerandbell.com/florida-capital-punishment-lawyer/[1]

 Florida’s Aggravating Factors for Capital Crimes
https://www.southflalaw.com/capital-crimes.html[2]

 Recent Changes to Florida’s Capital Sentencing Laws
https://deathpenaltyinfo.org/state-and-federal-info/state-by-state/florida[3]

 Legal Challenges to Florida’s Non-Unanimous Jury Law
https://www.tampabay.com/news/florida/2023/08/23/florida-death-penalty-changes-causing-chaos-attorneys-say/[4]

 Judges Rejecting Retroactive Application of New Sentencing Law
https://deathpenaltyinfo.org/news/application-of-floridas-new-8-4-capital-sentencing-scheme-moves-the-goalposts-and-violates-constitutional-prohibition-on-ex-post-facto-laws[5]

 Overview of Appeals Process for Death Row Inmates
https://www.news4jax.com/news/local/2023/04/21/new-death-penalty-law-raises-questions-about-on-going-cases/[6]