Some good news: the tide turning on the death penalty

The Florida Supreme Court overturned a state statute that allowed a jury to impose a death sentence by a 10-2 vote.  In order to impose the death penalty, the Court ruled that a jury most be unanimous. It may not be an obviously major decision, but these jury voting rules are enormously important, especially with how we know prosecutors abuse peremptory strikes to keep minorities off the jury.  If the rules on such peremptory-strike abuses are so hard to enforce, (or just as accurately, if courts are unwilling to enforce those rules), then this unanimity rule is at least a back-up check on prosecutors.

http://www.floridasupremecourt.org/decisions/2016/sc12-1947.pdf

Author: Jed Shugerman

Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and American politics, and another project on the origins of independent agencies in America.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s