Opinion
Justice denied
Opinion of The Miami Herald
Published: February 9, 2013
Proposed legislation filed in Tallahassee could address some facets of Florida's flawed death penalty process,Published: February 9, 2013
A bill sponsored by Sen. Thad Altman, R-Melbourne, would require a unanimous jury vote to recommend the death penalty. Florida now allows juries to find aggravating circumstances and recommend a death sentence by a simple seven-person majority vote. All the other death penalty states require some form of unanimity.
Rep. Michelle Rehwinkel Vasilinda, D-Tallahassee, has filed a bill to abolish the death penalty in Florida, saying there are better and more cost-effective ways to prevent crime.
Rep. Matt Gaetz, R-Fort Walton Beach, the chairman of the House subcommittee on criminal justice, has begun suggesting the courts speed up the appeals process, citing statistics that include an average Death Row stay of 14 years. Appeals should be limited after they reach the Supreme Court, Gaetz has said.
The Florida Supreme Court called on the Legislature to review the death penalty statute in 2005 to require jury unanimity on death recommendations. But lawmakers, no doubt fearful of being perceived as soft on crime, have mostly steered clear.
A full review of the system, the position being advocated by the Florida Bar, would serve all interests. The number of exonerations alone should be persuasive enough for any thinking person.
The alarm bells have been clanging for years. In 2006, the American Bar Association released an exhaustive report calling the system "fraught with problems," including racial disparities.
If Florida is going to continue imposing the death penalty, it must be done in a fair and impartial way. So, to Gov. Rick Scott, Florida legislators and judges, it's time to stop ignoring the evidence of a broken system. Launch the review.