In Florida, Circuit Judge Milton Hirsch has just declared that Florida's new death plenty law is unconstitutional.
According to the Miami Herald, Florida enacted a new law that changed the state's rules. For decades, juries were required to have a majority decision in order to make a death penalty recommendation to a judge. The system was deemed unconstitutional by the U.S. Supreme Court in January, which argued that it left too much power in the hands of judges.
Florida's new law requires 10 out of 12 jurors — a "super majority" — to agree on a death penalty rather than a unanimous decision. Currently, every other state except Alabama requires a unanimous jury.
Today, Hirsch declared that new law unconstitutional, arguing that “A decedent cannot be more or less dead. An expectant mother cannot be more or less pregnant. And a jury cannot be more or less unanimous. Every verdict in every criminal case in Florida requires the concurrence, not of some, not of most, but of all jurors — every single one of them.”
The new "super majority" law still requires all 12 jurors to decide to consider a possibly death penalty decision first before they can vote on it.
Do you agree with the judge or Florida's new law on this? Or do you have a different idea?