Entries tagged with “Non-Unanimity”
What to Know Series
,Jul 29, 2026
What to Know: Sentencing Practices and the Death Penalty
Why it matters: State laws permitting judges to override jury decisions and the imposition of death sentences based on non-unanimous jury verdicts have contributed to Alabama and Florida’s high death sentencing rates — with nearly 20% of Alabama’s death-sentenced population on death row because of judicial override. Between 1976 and 2017, elected Alabama judges overrode jury sentencing decisions 112 times. In 91% of those cases, judges overruled jury decisions of life to impose death sentences.
Jan 12, 2026
Marking a Decade Since Hurst v. Florida
Today is the ten-year anniversary of the U.S. Supreme Court’s decision in Hurst v. Florida. Heralded as a watershed ruling for capital defendants, Hurst reaffirmed the principle that the jury alone must find the facts necessary to condemn a person to die — implicating the death sentences of hundreds of prisoners across three states. The Sixth Amendment right to an impartial jury…
Executions
Religion
,Mar 24, 2025
Four Executions in Three Days Spotlight Constitutional Concerns About Death Penalty
In a three-day span from March 18 to March 20, four men were executed in four different states. Two of the men put to death, in Louisiana and Arizona, were the first executed in their state in years. While the close timing of the executions resulted from independent state-level decisions and individualized legal developments rather than any coordinated national effort, all four executions raised serious constitutional concerns. March 18: Jessie Hoffman (LA) On March 18, Louisiana executed…
Issues
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…