Fix the death penalty - Editorials - MiamiHerald.com

Fix the death penalty - Editorials - MiamiHerald.com

"x x x.

Keep in mind as we sally through Florida Statute 921.141, that under American law, a judge is considered the finder of law; and a jury, the finder of fact.

Like most other states with the death penalty, the statute provides a separate hearing on the death penalty after the jury (or upon a defendant’s rare request, the judge) determines guilt or the defendant pleads guilty. The jury is to weigh “aggravating factors.” Was the murder especially “heinous” or for financial gain? Was it of a police officer or during the commission of another crime? And a lot more. The jury also is to consider “mitigating” factors such as the age of the defendant, whether the defendant was under extreme emotional disturbance or the victim was a police officer, and so forth.

Florida, of course, requires a jury finding of guilt to be unanimous. How logical is it not to require that a recommendation that a human being deserves to die be unanimous, too? According to the last available count, fewer than 19 percent of 625 Florida jury recommendations for death were unanimous.

Further, Florida does not require the jury to specify which “aggravators” support its recommendation of death while most states do and also require unanimity on those findings. So a Florida jury is to make its finding of facts without specifying what facts it found.

x x x."

Read more: http://www.miamiherald.com/2011/11/27/2516500/fix-the-death-penalty.html#ixzz1ewXwMSbg