The U.S. Supreme Court has ruled that Florida's
system for sentencing people to death is unconstitutional because it gives too
much power to judges — and not enough to juries — to decide capital sentences, reported The Associated Press.
The 8-1 ruling said that the state's sentencing
procedure is flawed because juries play only an advisory role in recommending
death while the judge can reach a different decision.
The court sided with Timothy Lee Hurst, who was
convicted of the 1998 murder of his manager at a Popeye's restaurant in
Pensacola. A jury divided 7-5 in favor of death, but a judge imposed the
sentence.
Florida's solicitor general argued that the system
was acceptable because a jury first decides if the defendant is eligible for
the death penalty.
Writing for the court, Justice Sonia Sotomayor said
a jury's "mere recommendation is not enough." She said the court was
overruling previous decisions upholding the state's sentencing process.
"The Sixth Amendment requires a jury, not a
judge, to find each fact necessary to impose a sentence of death," Sotomayor
said.
The justices sent the case back to the Florida
Supreme Court to determine whether the error in sentencing Hurst was harmless,
or whether he should get a new sentencing hearing.
Justice Samuel Alito dissented, saying that the
trial judge in Florida simply performs a reviewing function that duplicates
what the jury has done.
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