Florida Supreme Court Upholds Nonunanimous Jury Death Penalty Law
In a significant ruling, Florida’s Supreme Court has confirmed the legality of a state law that permits nonunanimous jury decisions to result in death sentences. This decision solidifies Florida’s position with the most lenient standard for death penalty sentencing in the United States. The court’s decision supports a 2023 law that removed the necessity for unanimous jury verdicts in death penalty cases, dismissing the appeals of death row inmates Michael Hunt and Michael Jackson who argued the law was unconstitutional.
Under the current Florida law, a death sentence can be recommended with a jury vote of 8-4. This is the lowest threshold in the nation, as noted by the Death Penalty Information Center. In comparison, Alabama allows nonunanimous jury decisions for death sentences but requires at least a 10-2 vote.
Legislators in Florida approved this nonunanimous jury measure after a jury spared the life of the Parkland school shooter, who had killed 17 people at Marjory Stoneman Douglas High School. Over the years, Florida’s requirements for death penalty sentencing have fluctuated due to various legal challenges and shifts in the state supreme court, where five of the seven justices have been appointed by Republican Governor Ron DeSantis.
Historically, Florida did not require unanimous juries for capital punishment, allowing judges to impose the death penalty with a majority jury recommendation. However, in 2016, the U.S. Supreme Court invalidated Florida’s system, citing that it gave excessive authority to judges. This led the state legislature to enact a law mandating a 10-2 jury recommendation, though the state Supreme Court later mandated unanimity in 2017.
In 2020, the Florida Supreme Court reversed its previous stance, ruling that jury recommendations for death need not be unanimous. Additionally, Florida has expanded the range of offenses eligible for the death penalty to include child rape convictions, despite a U.S. Supreme Court ruling against capital punishment in such cases.
Governor DeSantis has overseen a notable increase in executions, with another execution scheduled, marking the 19th execution in 2025. Florida’s execution rate under DeSantis continues to draw attention both statewide and nationally.
