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Posted on 01/14/2016 11:23:02 AM PST by Lurking Libertarian
The U.S. Supreme Court on Tuesday struck down Florida's death penalty system on the grounds that judges, not juries, decide the key facts that determine whether a killer is condemned to die.
In an 8-1 ruling, the justices said this judge-driven system violates a defendant's right to a jury trial.
The ruling will likely give new sentencing hearings to inmates who were recently sentenced to death in Florida, but the justices in the past have said such new rulings do not apply automatically to old cases.
Tuesday's ruling relied on a 2002 decision that struck down Arizona's judge-driven system for deciding death penalty cases. Despite that ruling in the case of Ring vs. Arizona, the Florida courts had continued to uphold death sentences there on the grounds that juries had recommended death as the proper verdict.
But on Tuesday, the justices decided Florida must move to a sentencing system that gives juries the final word. The ruling will mean a new sentencing hearing for Timothy Hurst, who was convicted of stabbing and killing a a co-worker at a Popeye's restaurant in 1998.
(Excerpt) Read more at latimes.com ...
SCOTUS.
Great decision. I think mandatory arbitration in all of your Insurance policy contracts are now unconstitutional. We have trial by jury now!!
On the one hand, I see the majority’s point and I don’t disagree with the ruling.
On the other hand, if we had nine Scalia justices, this country would overall be better off. :-)
Alito was the only dissenter.
You’re right, my mistake.
which is why we have to get a proper no stand down candidate in power.
Judge placement is one of the most important aspects of voting and something the left has understood while our pathetic cowardly GOP is having a hard time understanding it.
Agree
On the other hand, if we had nine Scalia justices, this country would overall be better off.
Agree
In some ways, Sam Alito is now the most conservative justice on SCOTUS.
It was Justice Alito who dissented.
While I don’t really disagree with this decision, I think it should not be held to be retroactive as that creates total chaos for Florida’s death row. The Florida legislature and governor should swiftly rectify this and move forward.
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This caught up the death sentences for the killers of Deputy Barbara Pill in Brevard County. last I heard, her husband was waiting to hear from the State Attorney as to next steps. I say redo the sentencing under a revised law but then you have the problem of retroactivity. Of course you could always put them in the general population and offer a get out of jail free card to an enterprising shivmeister.
In Florida, juries may be MORE likely to condemn to death than judges...
If it were Scalia, it would've been a 7-2 decision with Thomas dissenting as well.
Great term!
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