New Death Penatly Law in Florida

The United States Supreme Court recently found Florida’s death penalty scheme unconstitutional in hurst v. florida death penalty.  Florida has now passed a new law it believes corrects the death penalty scheme.  The new law requires at least 10 of 12 jurors to recommend execution for it to be carried out.

While Florida’s Congress and Governor believe they have fixed the death penalty scheme going forward for new or pending cases, the fate of hundreds of inmates on death row is not quite certain.

The Florida Supreme Court will likely decide how the Hurst decision affects inmates currently sentenced to death. One possibility could be for the Florida Supreme Court to retroactively apply Florida’s new death penalty law as it recently did for juveniles who were found to be unconstitutionally sentenced.  Such a ruling from the Florida Supreme Court would open the door for inmates to get a new capital sentencing phase.

*Photo courtesy of Tampa Bay Tribune