Florida's death penalty procedure is declared unconstitutional

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The decision of the US Supreme Court on the imperfection of the existing procedure for the imposition of the death penalty in Florida may lead to an appeal of the verdicts by the 390 prisoners in the state of Florida.

By the number of prisoners awaiting execution of the death sentence, Florida is second only to California.

The Supreme Court ruled on Tuesday that the procedure adopted in Florida violates the defendants ’constitutional rights because it gives too much power to the judges and not enough to the jury.

According to the highest court in America, the jury plays only an advisory role in deciding the death penalty, and the judge can make a decision, regardless of their opinion.

This ruling means that a precedent can be created in the form of a review of the sentence of 37-year-old Timothy Hearst, who was sentenced to death for murdering the manager of a fast-food restaurant in Pensacola in 1998.

Federal judge Sonya Sotomayor on behalf of the Supreme Court stated that the right to an impartial jury guaranteed by the sixth amendment to the US Constitution suggests that the decision on the death sentence for Hurst should be based on the jury's verdict, and not on the judge's opinion.

The chief prosecutor of Florida insisted that the current system was acceptable because the jury initially decided whether the case of the defendant met the criteria that met the death penalty.

The ruling of the Supreme Court is said to have a direct effect on Florida only and will not affect the broader and controversial issue of constitutionality. the death penalty in the US as a whole.

Opponents of the death penalty cite the fact that bringing this sentence into action is quite expensive, and also that there is a possibility of a judicial error. Also, according to critics, racist prejudices may play a role in making such sentences.

Proponents also see in the death penalty a worthy punishment for brutal crimes and fair retribution for the broken fate and suffering of the victims and their families.