Entries tagged with “Joshua McClellan

Policy Issues

Sentencing Alternatives

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Nov 27, 2023

Florida Judge Imposes Life Sentence for Joshua McClellan, Overriding Non-Unanimous Jury Recommendation for Death

On November 20, Florida Circuit Judge Heidi Davis sen­tenced Joshua McClellan to life in prison after a non-unan­i­mous jury returned a rec­om­men­da­tion of death in September by a 10 – 2 vote. Judge Davis not­ed the mit­i­ga­tion evi­dence pre­sent­ed by Mr. McClellan’s defense, includ­ing men­tal health eval­u­a­tions and tes­ti­mo­ny regard­ing his trau­mat­ic upbring­ing, as an expla­na­tion for her deci­sion. Mr. McClellan was one of the first defen­dants to receive a non-unan­i­mous death rec­om­men­da­tion under a new law signed ear­li­er this year by Governor and pres­i­den­tial can­di­date Ron DeSantis, allow­ing death sen­tences when…

Policy Issues

Arbitrariness

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Innocence

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Sentencing Data

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Sep 13, 2023

When Jurors Do Not Agree, Should a Death Sentence Be Imposed?

In most states, a death sen­tence may only be imposed by a jury in unan­i­mous agree­ment. But in two recent cas­es, defen­dants faced the pos­si­bil­i­ty of a death sen­tence despite the objec­tions of jurors.