@MichaelAuslen and @MaryEllenKlas
Friday morning, the Florida Supreme Court struck down the state's death penalty sentencing law, declaring that all death sentences should be decided by a unanimous jury.
"I am profoundly disappointed by today’s Florida Supreme Court opinion that found a component of our death penalty law unconstitutional. ... Make no mistake, those impacted most by this miscarriage of justice are the families as they watch the perpetrators of some of the most heinous and vicious murders and tortures continue to live the days their loved one were denied," said Florida House Speaker-designate Richard Corcoran in a statement. "This decision is indicative of a Court that comes to a conclusion, then seeks a judicial pathway, however tortured, to achieve its desired result. That is antithetical to the rule of law and dangerous for our state."
Spokespeople for Gov. Rick Scott Florida Senate President Andy Gardiner and President-designate Joe Negron said they were reviewing the court's ruling.
So did Florida Attorney General Pam Bondi. "We are reviewing the Florida Supreme Court ruling, but in the meantime Florida juries must make unanimous decisions in capital cases as to the appropriateness of the death penalty," said spokesman Whitney Ray in a statement.
Here's how advocates and elected officials responded in the hours following the court's ruling:
"It was a pretty simple question. We either found a compromise or nothing happened and doing nothing was not a reasonable outcome," said Sen. Rob Bradley, R-Fleming Island, who also said he was not surprised by the court's ruling. “If we had done nothing then there would not have been a law that the Supreme Court of Florida could pass judgment on. Now we have direction and so we needed to act at the past session in order to end the delays in the death penalty system.”
"I supported unanimous juries in the past and I think it’s probably the right decision," said Sen. Jeff Brandes, R-St. Petersburg. "This is just really a trend of what supreme courts have been doing around the country on this issue."
"We enforce the laws, the Legislature writes the laws and the Supreme Court interprets the laws," said Buddy Jacobs, general counsel of the Florida Prosecuting Attorneys Association, which opposed unanimous juries. "So we will be talking and meeting on Monday to try to come up with some sort of road map of where we go from here based on this opinion."
"For years, we have warned the Florida legislature that unless they rewrote our state’s broken death penalty, the courts would take the issue out of their hands," saidHoward Simon, executive director of the American Civil Liberties Union of Florida, in a statement. "Just as we warned the Florida Legislature that they would, the Florida Supreme Court has inserted some much-needed fairness in our death penalty process by declaring that anything short of a fully unanimous jury is unconstitutional."
“Today’s opinions released by the Florida Supreme Court continue to reveal a broken, mistake-prone death penalty system that fails victims’ families, the innocent, and taxpayers. It is time to end the use of Florida’s failed death penalty government program," said Mark Elliott, executive director of Floridians for Alternatives to the Death Penalty, in a statement. "For more than a decade, prosecutors have known full well that Florida’s death sentencing scheme was seriously flawed and could be unconstitutional, yet they downplayed concerns and advised against reforms. Victims’ families were dragged through long, repetitive, and painful procedures, record numbers of innocent people were sentenced to death, and Florida taxpayers paid the enormous costs."
"Florida finally joins the rest of the states in requiring what everyone has known for a long time -- that at least, the imposition of the death penalty requires a unanimous verdict," said Miami defense lawyer Philip Reizenstein, who handles death cases. "What remains is for Florida to join the rest of the civilized world and end the death penalty."
“The Florida Supreme Court’s ruling that jury recommendations for the death penalty must be unanimous is a long overdue recognition of the state’s fatally flawed capital punishment regime," said Professor Mary Anne Franks of the University of Miami School of Law in a statement circulated by the Fair Punishment Project. "The prosecutors who relentlessly pursued death sentences despite being repeatedly placed on notice that the state’s death penalty regime was constitutionally defective should be held accountable for the emotional and financial costs they have imposed on victims’ families and on taxpayers.”
We'll keep updating as reactions come in.
With reporting by Tampa Bay Times staff writer Laura Morel and Miami Herald staff writer David Ovalle.