Entries tagged with “Ron DeSantis

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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…

Feb 04, 2025

Florida Legislature Passes Unconstitutional Bill that Mandates the Death Penalty for Unauthorized Aliens”

On January 28, 2025, the Florida Legislature passed an immi­gra­tion bill that includes a pro­vi­sion man­dat­ing the auto­mat­ic impo­si­tion of the death penal­ty for​“unau­tho­rized aliens” con­vict­ed of a cap­i­tal offense, despite long­stand­ing U.S. prece­dent and inter­na­tion­al law pro­hibit­ing manda­to­ry death sen­tences. The bill was intro­duced dur­ing a short spe­cial leg­isla­tive ses­sion called by Governor Ron DeSantis (pic­tured), leav­ing lit­tle to no time for public…

Research

May 17, 2024

Tennessee Authorizes Death Penalty for Child Sexual Assault in Direct Challenge to Supreme Court Precedent

On May 9, Governor Bill Lee of Tennessee signed a bill autho­riz­ing the death penal­ty for aggra­vat­ed rape of a child, fol­low­ing Florida’s pas­sage of a sim­i­lar law last year. Both laws con­tra­dict long­stand­ing Supreme Court prece­dent hold­ing the death penal­ty uncon­sti­tu­tion­al for non-homi­­cide crimes. Tennessee’s law takes effect on July 1. The state has had a death penal­ty mora­to­ri­um in place since May 2022 after Governor Lee learned that state offi­cials had failed to…

Issues

Jan 03, 2024

Overwhelming Percentage of Florida’s Hurst Resentencing Hearings End in Life Sentences

According to new research by the Death Penalty Information Center, 82% of Florida death-sen­­tenced pris­on­ers who com­plet­ed new sen­tenc­ing pro­ceed­ings under Hurst v. Florida (2016) have been resen­tenced to life in prison with­out parole. Hurst found Florida’s death penal­ty scheme uncon­sti­tu­tion­al, and the Florida Supreme Court sub­se­quent­ly held that new death sen­tences must be unan­i­mous, neces­si­tat­ing new sen­tenc­ing hear­ings. Of the 157 cases…

Research

Dec 18, 2023

Florida Prosecutors Seek First Death Sentence Under New Child Sex Abuse Law

On December 14, 2023, Lake County, Florida pros­e­cu­tors announced they are seek­ing the death penal­ty for a man accused of com­mit­ting the sex­u­al bat­tery of a minor under the age of twelve. A state­ment from the office of State Attorney William Gladson said the deci­sion reflects the​“sever­i­ty of the crime and its impact on the com­mu­ni­ty.” Earlier this year, Governor Ron DeSantis signed leg­is­la­tion that expands death penal­ty eli­gi­bil­i­ty to those con­vict­ed of sex crimes…

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…

Issues

Jul 17, 2023

Application of Florida’s New 8 – 4 Capital Sentencing Scheme Moves the Goalposts” and Violates Constitutional Prohibition on Ex Post Facto Laws

Florida’s new death sen­tenc­ing law can­not apply to defen­dants who com­mit­ted their crimes before the law was passed ear­li­er this year, Florida Circuit Judge Kevin Abdoney rules. Florida law pre­vi­ous­ly required that a sen­tenc­ing jury must unan­i­mous­ly vote for death before the court could impose a death sen­tence, but in April of 2023, Gov. Ron DeSantis signed a bill into law that allows a jury to rec­om­mend a death sen­tence with as few as 8 votes. The rul­ing in Bryan Riley’s…