Entries tagged with “Ron DeSantis”
Policy Issues
Arbitrariness
,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 case means that the…
Policy Issues
Mental Illness
,Jun 12, 2023
Duane Owen, Sentenced by Non-Unanimous Jury, is Scheduled to be Florida’s Fourth Execution of the Year
Duane Owen is scheduled to be executed in Florida on June 15, 2023. If it occurs, his execution will be the fourth execution in Florida this year, after a three year pause in executions due to the COVID-19 pandemic. Mr. Owen was convicted in 1986 of crimes that occurred in…
Policy Issues
Sentencing Alternatives
,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…
Facts & Research
Crimes Punishable by Death
,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 against children. This is…
Policy Issues
Arbitrariness
,Sentencing Alternatives
,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 DPIC previously identified as…
Facts & Research
Crimes Punishable by Death
,Recent Legislative Activity
,United States Supreme Court
,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 test execution drugs for…
Policy Issues
Arbitrariness
,Innocence
,Sentencing Data
,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…