Skip to main content

Death penalty for child rapists bill gets bipartisan support in Florida Legislature

The legislation would challenge existing U.S. Supreme Court precedent.

A bill that would challenge existing Supreme Court precedent by allowing the death penalty for people who sexually batter young children moved through its first committee in the Florida Senate with a unanimous vote Monday.

The bill challenges a 2008 U.S. Supreme Court ruling, Kennedy v. Louisiana, that determined the death penalty could not be applied for the rape of a child, saying it was a violation of the Eighth Amendment prohibition on cruel and unusual punishment.

Currently, the application of the death penalty for any case other than murder is unconstitutional. But the Florida bill, SB 1342, says that the 2008 case and a 1981 Florida Supreme Court case were “wrongly decided and an egregious infringement of the states’ power to punish the most heinous of crimes.”

The bill is a bipartisan effort. Republican Sen. Jonathan Martin of Fort Myers introduced the legislation with Democratic Senate leader Lauren Book of Plantation. Similar legislation, HB 1297, has been filed in the House.

Book has been outspoken about her own experience as a victim of childhood sexual abuse, and she runs a charity organization focused on childhood sex abuse prevention.

During the committee meeting, Book’s father, lobbyist Ron Book, made an emotional appeal to the committee members, saying sex crimes against children were “so heinous, so violent, so horrific.”

“On behalf of those who will never be able to say ‘thank you’ for this bill, this is the right thing to do,” Ron Book said.

Though the U.S. Supreme Court only explicitly ruled out the death penalty for all nonmurder cases in 2008, no one had been executed for any crime other than murder in the U.S. since 1964, according to a Senate staff analysis.

Many states had not sought the death penalty for individuals charged with crimes other than murder because of a 1977 U.S. Supreme Court case that ruled the death penalty unconstitutional for the rape of an adult.

Florida has a law on the books that designates sexual battery of a child under 12 as a capital felony, but the statute has been effectively moot because of the court rulings.

Martin said he is pushing the challenge because he believes that the rape of a child is worse than some murder cases, and he hopes having the ability to apply the death penalty in those cases will be a deterrent.

“Ultimately, if you look at the court’s makeup from 2008, it has changed significantly,” Martin said. “I think the current makeup of the U.S. Supreme Court believes that states should have more of a say in decisions like criminal justice that were originally left to the states under the U.S. Constitution.”

The idea of expanding capital punishment has also been a push of Gov. Ron DeSantis. In January, DeSantis announced an idea to reduce the number of jurors required to implement the death penalty and a proposal to expand capital punishment to child sexual battery.

The bill heard Monday would require eight or more jurors to vote in favor of the death penalty, instead of the current requirement for a unanimous jury. It would make Florida one of only two states with a nonunanimous jury requirement. Alabama currently has a 10-2 requirement. (Another bill, SB 450, moving through the Legislature also proposes to lower the jury threshold in capital cases to a minimum of eight jurors in favor.)

Sen. Jason Pizzo, D-Hollywood, said he thinks the legislation sets up an easy Supreme Court win for the governor ahead of the 2024 election, in which DeSantis is widely expected to run for president. But Pizzo said that shouldn’t be the focus of the discussion of the bill.

“You are a far more depraved individual, in my experience, to touch a kid than you are to shoot somebody,” Pizzo said.

Unlike Florida’s death penalty sentencing plan for murder cases, the proposed legislation would only allow capital punishment for child sexual battery if jurors unanimously find there are two aggravating factors to the crime, instead of only one. Aggravating factors include things like whether the perpetrator used a firearm, whether they were a felon on probation and whether the victim was especially vulnerable because of a disability.

“As we were talking to other senators, they wanted to make sure that this penalty was reserved for the worst of the worst,” Martin said.

Source: tampabay.com, Romy Ellenbogen, March 21, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:


TELEGRAM


TWITTER







HELP US KEEP THIS BLOG UP & RUNNING!



"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)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

US woman who survived botched execution says she's in constant pain

Convicted murderer Christa Pike said Friday that she is in constant pain, a month after surviving a botched execution attempt in the US state of Tennessee. "There hasn't been a moment since that night when I haven't been in pain," Pike said in a statement released by her lawyers. "My body hurts. My arms hurt. My hands hurt. My throat hurts," she said. "I still struggle to speak. And the pain isn't just physical. There is pain in my mind and in my soul."

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.