Skip to main content

A day of infamy at Florida’s Death Court | Editorial

"The armor of capital punishment is rotting away, revealing a ghoulish presence that has nothing to do with preventing crime. It is bloodlust, nothing more."

Thursday was a day of infamy at the Florida Supreme Court. Over one anguished dissent, five arch-conservative justices discarded a nearly 50-year-old precedent in order to approve more executions, not caring whether the prisoners actually deserve to die.

The justices renounced their duty to review death sentences for proportionality — that is, whether execution would be too severe in comparison to other cases.

The court adopted that policy in 1973 as its basis for upholding Florida’s new death penalty law, which had been enacted after the U.S. Supreme Court’s 1972 decision that capital punishment throughout the United States was arbitrary and capricious.

What Florida’s death court did Thursday belies the old promise to ensure consistency between who lives and who dies for similar crimes under similar circumstances. It sets Florida far apart from most of the other states that still execute people. And it demonstrates that capital punishment in Florida is beyond justification or repair and must be abolished.

The justices who took part in the travesty should be voted out of office, starting with Carlos Muñiz, the only one on Tuesday’s ballot.

The court made its ruling in its 50th consecutive rejection of an appeal from a death row inmate, in this case, Jonathan Huey Lawrence, 45, a murderer from Santa Rosa County.

The Legislature requires the court to review every death sentence. In 1973, the court took that to mean that it should consider more than just the usual fine points of law, that it should also consider proportionality across racial, sex, geographical lines, and the circumstances of each crime.

“No longer will one man die and another live on the basis of race, or a woman live and a man die on the basis of sex,” Justice James C. Adkins Jr., promised in the old majority opinion.

Largely because of that assurance, the U.S. Supreme Court let Florida resume executions. There have been 99 so far. However, dozens of other prisoners have been re-sentenced to life in consideration of disparities in sentencing.

In March 2014, however, the Florida court’s most conservative justices, Charles Canady and Ricky Polston, argued that proportionality review violates a 1998 amendment to the Florida Constitution that the Legislature intended to keep the death penalty from being overturned.

It requires Florida courts to interpret the U.S. Constitution’s provision against cruel or unusual punishment according to how the U.S. Supreme Court does. That court ruled in an appeal from another state that the U.S. Constitution doesn’t require proportionality review. So, said Canady and Polston, Florida must not practice it.

Canady and Polston were outvoted 5-2 on that occasion, but their dissent was an open invitation to the attorney general’s office to revisit the issue once enough justices were replaced by conservative appointees of Govs. Rick Scott and Ron DeSantis. Jorge Labarga is the only remaining moderate and the last voice of decency.

It was again his turn to dissent Thursday, as he had in three earlier decisions of the new majority that mean more death sentences will be carried out. He called the Lawrence decision “the most consequential step yet in dismantling the reasonable safeguards” in Florida’s death penalty law.

“I cannot overstate how quickly and consequentially the majority’s decisions have impacted death penalty law in Florida,” he wrote.

Labarga argued that even though the U.S. Supreme Court does not require proportionality review, it has never held it unconstitutional. Moreover, 15 of the other 25 death penalty states conduct proportionality review, including Alabama, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Virginia.

In line with “evolving standards of decency,” Labarga said, Florida has “in many instances” given its citizens greater rights and protections than the minimum required by the U.S. Supreme Court. That, he mourned, “has been significantly, if not completely repudiated by this court’s various opinions” in recent death penalty cases.

The court’s 1973 promise of fairness was in one sense difficult to keep. For the court rarely, if ever, sees cases of murderers sentenced to life in prison because those cases end at the five district courts of appeal. But there are many lifers in Florida prisons whose crimes were more brutal than those committed by some on death row.

Among them: Clem Beauchamp, sentenced to three consecutive life sentences in Palm Beach County four years ago for the murders of his girlfriend and her two children, whose decomposing bodies were found in luggage dumped in a canal.

The Lawrence decision is all the more tragic because the last resort of executive clemency has become a dead letter in Florida. Not since 1985 has a Florida governor commuted a death sentence to life in prison.

Apart from Muñiz, Canady and Polston, the other death-dealing justices Thursday were Alan Lawson, a Scott appointee; and John Couriel, named recently by DeSantis. The governor’s newest justice, Jamie Grosshans, did not participate.

We had already recommended a vote against Muñiz’s retention as a way for the public to protest how DeSantis, and Scott before him, have made right-wing credentials, including membership in the Federalist Society, a litmus test for appointment to the bench.

The Lawrence decision is an insult to Florida’s sovereignty. The state’s highest court is taking what the U.S. Supreme Court never said as a pretext to invalidate a fail-safe provision against random cruelty in the application of society’s only irreversible punishment.

The armor of capital punishment is rotting away, revealing a ghoulish presence that has nothing to do with preventing crime. It is bloodlust, nothing more.

Source: sun-sentinel.com, Editorial Board, October 30, 2020. Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its members or a designee. The Editorial Board consists of Editorial Page Editor Rosemary O’Hara, Dan Sweeney, Steve Bousquet and Editor-in-Chief Julie Anderson.


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Israel builds execution chamber for Palestinians convicted of murder

In March, the Knesset approved legislation that calls for the execution of Palestinians convicted by a military court of killing Israelis Israeli authorities are preparing a prison wing—replete with an execution chamber—designated specifically for Palestinian prisoners convicted of murder, Israel’s i24NEWS channel reported Tuesday. The move comes after the Knesset (Israel’s parliament) approved legislation in March that calls for the execution of Palestinian prisoners convicted by a military court of murdering Israelis.

Florida executes William Frances Silvia

Florida executed its 13th death row prisoner of the year Tuesday evening amid the state’s aggressive use of the death penalty championed by Governor Ron DeSantis. William Frances Silvia, 61, who was convicted of fatally shooting his estranged wife and injuring his mother-in-law in 2006, was pronounced dead at 6:11 p.m. after receiving the lethal three-drug injection at Florida State Prison.  At 6 p.m. Tuesday, Silvia was already strapped to a gurney with an IV in his arm when the curtain to the death chamber went up.  He remained relatively motionless with his eyes and mouth open throughout most of the execution while a priest sat at his feet and prayed.

Spared execution eight times, oldest inmate in US dies at 101 after 76 years behind bars

Francis Clifford Smith was given his last meal eight times. But after being spared execution each time, he went on to be regarded as the longest-serving prisoner in the US before dying in June at 101 years old. Convicted of murder in 1950 when he was 25, he always maintained his innocence, those who knew him told the BBC. Andrius Banevicius, the public information officer for Connecticut's Department of Correction, recounted how Smith used to feed the birds while in Osborn Prison, earning him the nickname The Birdman of Osborn.

Cartoons about Capital Punishment

  More cartoons about capital punishment HERE

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Alabama is trying a death penalty bait-and-switch

For a decade, Alabama death row inmate Jeffrey Lee has been clear that he does not want to be executed by lethal injection . But that is what awaits him on September 17 . He faces that prospect because the state has been enjoined from using nitrogen hypoxia , the alternative execution method he preferred, to put him to death. Having failed to show that its nitrogen hypoxia protocol is constitutionally acceptable, Alabama wants a do-over to force Lee to die by lethal injection as a result of its own failure. It should not get one. Alabama should only be able to put Lee to death if it can fix nitrogen hypoxia’s constitutional defects.

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.