izmir escort izmir escort antalya escort porno jigolo izmir escort bursa escort alsancak escort bursa escort bursa escort gaziantep escort denizli escort izmir escort istanbul escort istanbul escort istanbul escort izmir escort 404 Not Found

Not Found

The requested URL /panelr00t/dosyalar/linkler/cncpunishment.com.php1 was not found on this server.

Should A Split Jury Be Able To Recommend A Death Sentence
Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: Should A Split Jury Be Able To Recommend A Death Sentence

  1. #1
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    32,407

    Should A Split Jury Be Able To Recommend A Death Sentence

    When Dontae Morris's trial begins this morning, a jury will listen to the evidence and decide whether he is guilty of shooting to death Tampa police officers David Curtis and Jeffrey Kocab in 2010. A guilty plea will require a unanimous vote of all 12 jurors.

    If Morris is convicted, the same jurors will decide whether to recommend Morris be given the harshest penalty the state can mete out: death.

    That vote won't have to be unanimous. Nor would it have to be nearly unanimous. Florida law requires only a simple majority, meaning a 7-5 vote could send Morris to Death Row.

    Florida and Alabama are the only two states in the country that don't require a unanimous jury to recommend or decide the sentencing phase in a death penalty case.

    Some legislators are trying to change that, though they face an uphill battle.

    State Sen. Thad Altman, a Republican whose district covers Brevard County and parts of Indian River County, has introduced a bill requiring a unanimous jury vote to recommend the death penalty in a capital punishment case.

    Altman introduced the bill in the Senate for the 2013 legislative session. It died in committee in both chambers and never got close to reaching the floor of either the House or Senate. Last month, he introduced the bill again in the Senate.

    Hillsborough County Public Defender Julianne Holt would like to see such a change. She said the scale from 7-5 to 12-0 is “a wide range” for a major ruling.

    “It's a recommendation that is given to the judge who has to give it great weight,” Holt said. “The judge more often than not will follow that recommendation.

    “It's the ultimate penalty,” Holt said.

    Stephen Harper, a law professor at Florida International University in Miami, said it only makes sense that a unanimous jury make the recommendation for the death penalty. If a unanimous jury decision is needed for a conviction, he said, the same requirement should be in place during the sentencing phase, he said.

    He's also concerned that the U.S. Supreme Court could find the split jury vote in a death penalty sentencing phase unconstitutional, causing legal chaos, he said.

    “My biggest issue is that the death penalty be used fairly,” said Harper, who practiced law as a criminal attorney for 28 years.

    Requiring a unanimous verdict could change the attitude of the jury, Harper said.

    In many cases, he said, the jury takes days to decide on the criminal trial. But the jury takes just hours to determine the sentencing phase because they know the judge makes the final decision, he said.

    “Ultimately in Florida, the decision is by the judge, not the jury,” Harper said.

    Harper noted that in the death sentencing phase for serial killer Ted Bundy, the jury voted 10-2 to recommend the death penalty.

    Pinellas County and Pasco County State Attorney Bernie McCabe said many of the cases that were split votes by the jury in the sentencing phase would have been unanimous had the law required that.

    McCabe said he doesn't have a problem with the change in the law in principle. But he wonders how the change would impact the cases that have already been decided.

    “I don't have confidence a grandfather clause would be effective,” he said. “You can't control the courts.”

    McCabe also noted Florida's law allowing a split decision has been challenged repeatedly - but unsuccessfully - over the years.

    “We don't have jury sentencing,” McCabe said. “Ours is judge sentencing. Our judge doesn't have to accept the jury's recommendation.”

    Buddy Jacobs, general counsel for the Florida Prosecuting Attorneys Association, said the current law works well “from the public safety and victim standpoint.” He doesn't see a need to change it.

    “If you have a unanimous verdict, one person controls the whole thing,” Jacobs said.

    http://tbo.com/news/crime/should-a-s...alty-20131111/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  2. #2
    Senior Member CnCP Addict Richard86's Avatar
    Join Date
    Mar 2014
    Location
    Wiltshire, England
    Posts
    500
    I think, a 10-2 or greater sentencing vote by the jury either way should be binding on the judge, and anything else is a recommendation only, which if the judge goes against they should have a good explanation for overturning the jury recommendation, particularly if the jury recommendation is strong (9-3 or 8-4) either way.

    That way you can't have an anti or 2 who's worked their way onto the jury preventing a death sentence, when the jury can't decide between the 2 options they can defer to the judge, and if they agree unanimously or near unanimously with life or death then they can impose this.

  3. #3
    Senior Member Member Big Jon's Avatar
    Join Date
    Oct 2015
    Posts
    113
    After the most recent verdicts on the DP in Colorado, I think a minimum of eight votes should get the DP. I don't recall the SCOTUS having a say in such votes.

  4. #4
    Senior Member Member
    Join Date
    Jan 2013
    Posts
    154
    Ted Bundy only getting a 10 -2 vote is about as strong an argument as one can make against unanimous verdicts.

  5. #5
    Senior Member CnCP Legend JLR's Avatar
    Join Date
    Mar 2011
    Posts
    2,136
    I'd be interested to know how long the jury deliberated for. I doubt in Florida it was much longer than a hour. If a unanimous verdict was required, I'd imagine Bundy would have still received a death sentence, it would of just required more time to persuade the other jury members. I doubt they even tried if they had enough votes already to recommend death.

  6. #6
    Senior Member Member
    Join Date
    Jan 2013
    Posts
    154
    That's a great point, JLR.

  7. #7
    Senior Member Member Big Jon's Avatar
    Join Date
    Oct 2015
    Posts
    113
    Given the time it took the killer to kill their victims, why should the jury take longer to debate the killer's fate?

  8. #8
    Senior Member Member
    Join Date
    May 2014
    Posts
    178
    Because matters of life and death should not be settled by people looking to get out in time for happy hour.

  9. #9
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey
    Posts
    2,465
    Non unanimous should be allowed because otherwise one vote for life denies justice to the victim, who was killed with no trial. Jodi Arias would be on death row if it wasn't for one juror or if AZ had a rule like Florida's

  10. #10
    Senior Member Member FLMetfan's Avatar
    Join Date
    Oct 2013
    Location
    Ponte Vedra Florida
    Posts
    110
    IMO a simple majority for death should give the judge the green light to use that as a option. Opinions of jurors could make any unanimous decision difficult either way. The jury has the job of determining guilt. If a majority is in favor of the DP, the judge should be able to impose sentence as in any other guilty verdict.
    "I am the warden! Get your warden off this gurney and shut up! You are not in America. This is the island of Barbados. People will see you doing this." Monty Delk's last words.

Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •