Supreme Court to Review Florida's Death Penalty Scheme
Posted: March 12, 2015
On March 9, the U.S. Supreme Court agreed to hear Hurst v. Florida, a challenge to the state's unusual sentencing procedure. In a prior ruling, Ring v. Arizona
(2002), the Court held that the question of whether a defendant is
eligible for the death penalty is entitled to a jury deteremination.
Unlike almost every other state where unanimous juries are required for
death eligibility and a death sentence, Florida only requires the jury
to make a sentencing recommendation to the judge, who then makes the
final decision on the existence of aggravating factors and the actual
sentence. Timothy Hurst was sentenced to death by a judge, following a
7-5 recommendation for death by the jury. The jury's recommendation did
not make clear which aggravating factors made him eligible for the death
penalty or whether they found any aggravating factor beyond a
reasonable doubt. The Supreme Court's decision in Hurst v. Florida could affect pending cases and other inmates on the state's death row.
Posted: March 12, 2015

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