Last week, the U.S. Supreme Court helped secure the power of the jury in the U.S. by requiring Florida courts to give juries, and juries alone, the power to judge the key facts in death penalty cases. Previously, juries’ findings were advisory to judges, and the Supreme Court said that this wasn’t sufficient, given the powers the jury holds in the Constitution.
As reported in the New York Times,
The decision in Hurst v. Florida, No. 14-7505, concerned Timothy Lee Hurst, who was convicted of the 1998 murder of Cynthia Lee Harrison, a co-worker at a restaurant in Escambia County. He was sentenced to death in 2000. After the Florida Supreme Court ordered Mr. Hurst resentenced, a second jury recommended a death sentence by a 7-to-5 vote in 2012. The judge then independently considered the evidence concerning punishment and concluded that Mr. Hurst should be executed. That procedure was unconstitutional, Justice Sonia Sotomayor wrote for seven justices in the new decision. “The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death,” she wrote. “A jury’s mere recommendation is not enough.”
Those interested in reading the full opinion, can find it here.
Not everyone is thrilled by the Supreme Court’s ruling. An op-ed in the Tallahassee Democrat, for instance, frets about how the legislature can make sure this ruling doesn’t delay or overturn pending death penalty findings. One would think due process would be their first concern, but one would (perhaps) be wrong.