Slate reports:
Despite long-standing Supreme Court precedent directing that the proposal is unconstitutional, Florida legislators this month are seeking to broaden the death penalty to non-homicide crimes. The proposal has Gov. Ron DeSantis’ full support. On Tuesday, the Florida Senate Rules Committee approved the bill. Specifically, the bill seeks to broaden the death penalty to sexual battery crimes against children.
The bill plainly contradicts the court’s 2008 decision in Kennedy v. Louisiana, which held that punishing a defendant with death when the crime does not intentionally cause the victim’s death violates the Eighth Amendment to the U.S. Constitution. The Supreme Court of just 15 years ago clearly forbade what Florida is now trying to do. Florida legislators say “that’s the point.”
CBS News reports:
Under the bills, defendants could receive death sentences based on the recommendations of at least eight of 12 jurors. Judges would have discretion to impose the death penalty or sentence defendants to life in prison. If fewer than eight jurors recommend death, defendants would receive life sentences.
Currently, unanimous jury recommendations are required before judges can impose the death penalty in murder cases. But lawmakers also are poised to change that to allow death sentences after recommendations from eight of 12 jurors. The Senate has already passed such a change, and the House will take it up Thursday.
Sponsor and newly-elected state Sen. Jonathan Martin first appeared here last year when as chairman of the Lee County GOP he introduced a resolution banning federal agents from Florida and declaring WHO to be a terrorist organization. Last month he sponsored the Florida Senate version of a bill that would protect Confederate monuments.
New op-ed up today on the capital sex crime legislation moving through the Florida Legislature, which aims to challenge the boundaries of capital punishment and long-standing precedent. Thanks to @Slate for publishing.https://t.co/5n5cg8CMta
— Melanie Kalmanson (@MelKalEsq) April 10, 2023
A bill introduced by Florida lawmakers would defy SCOTUS precedent by allowing capital punishment for felons who commit sexual battery on young children if signed into law by @GovRonDeSantis.https://t.co/EpKloK1Vkk
— Washington Examiner (@dcexaminer) April 11, 2023