Legislative com­mit­tees in Florida and Alabama have vot­ed to advance bills that would reform cap­i­tal sen­tenc­ing pro­ce­dures in those states that have been the sub­ject of exten­sive con­sti­tu­tion­al chal­lenges. In Florida, the Senate Criminal Justice Committee by a vote of 6 – 0 approved a bill that would require a jury to unan­i­mous­ly rec­om­mend a death sen­tence before the tri­al judge could sen­tence a defen­dant to death. The bill would bring Florida’s sen­tenc­ing pro­ce­dure in line with a Florida Supreme Court rul­ing that had declared uncon­sti­tu­tion­al death sen­tences that were imposed after one or more jurors had rec­om­mend­ed a life sen­tence. In Alabama, the Senate Judiciary Committee approved a bill to end Alabama’s prac­tice of judi­cial over­ride. Alabama is cur­rent­ly the only state that allows judges to over­ride a jury’s rec­om­men­da­tion of a life sen­tence and impose a death sen­tence. Senator Dick Brewbaker (R — Montgomery), who spon­sored the bill, raised con­cerns about polit­i­cal pres­sure on elect­ed judges. A major­i­ty of over­rides in the last 10 years hap­pened in elec­tion years. I’m not say­ing any­one has any evil intent,” Brewbaker said. I’m not argu­ing about con­sti­tu­tion­al­i­ty, but there’s no way to take pol­i­tics out of pol­i­tics. It’s like tak­ing the wet out of the water. It can’t be done.” According to research by the Equal Justice Initiative, judges have used their over­ride pow­er to impose death sen­tences over jury rec­om­men­da­tions for life 101 times, but over­rode jury rec­om­men­da­tions for death and imposed life sen­tences just 11 times. The U.S. Supreme Court has remand­ed four death penal­ty cas­es to Alabama’s courts for a deter­mi­na­tion of the con­sti­tu­tion­al­i­ty of the state’s sen­tenc­ing prac­tices — includ­ing judi­cial over­ride. The Alabama courts have upheld the prac­tice, and in December 2016, Alabama exe­cut­ed Ronald Smith despite a 7 – 5 jury rec­om­men­da­tion that he be sen­tenced to life.

(W. Sayre, Here’s Where Death Penalty Legislation In Florida Stands,” WLRN, February 9, 2017; B. Lyman, Senate com­mit­tee approves bill end­ing judi­cial over­ride,” Montgomery Advertiser, February 8, 2017.) See Recent Legislative Activity.

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