Florida law allowing death penalty in child rapes to take effect

The new law will likely draw legal challenges, as U.S. Supreme Court and Florida Supreme Court precedents have barred death sentences for rapists.

TALLAHASSEE — A new law that could lead to imposing the death penalty on people who rape children under age 12 will take effect Sunday, along with other laws passed during the 2023 legislative session.

Other measures taking effect could lead to putting local governments on the hook for attorney fees when ordinances are deemed “arbitrary or unreasonable;” increase penalties on fans who interfere with sporting events; and require teens to at least have learner’s permits to drive golf carts on public roads.

The laws passed during the legislative session that ended May 5. Most legislation, including a record $117 billion state budget, went into effect on July 1, the start of the fiscal year.

The most controversial of the laws taking effect Sunday would allow the death penalty for people who commit sexual batteries on children under age 12. The measure (HB 1297) likely will draw legal challenges, as U.S. Supreme Court and Florida Supreme Court precedents have barred death sentences for rapists.

During a May 1 bill-signing event in Brevard County, Gov. Ron DeSantis said the measure is “for the protection of children.”

“Unfortunately, in our society, we have very heinous sex crimes that are committed against children under the age of 12 years old,” DeSantis said. “These are really the worst of the worst. The perpetrators of these crimes are often serial offenders.”

Judges would have the discretion to impose the death penalty or sentence defendants to life in prison. If fewer than eight jurors recommend death, judges would have to impose life sentences.

The bill would affect what is known as the sentencing phase of cases. Juries would still need to unanimously find defendants guilty of the crimes before the sentencing phase would begin.

The measure was approved 34-5 in the Senate and 95-14 in the House.

In voting against the measure in April, Sen. Rosalind Osgood, D-Fort Lauderdale, said the bill presented her with a “quandary.”

“I love kids, and I’ll do anything to protect them,” Osgood said. “But I struggle from a faith perspective. If I believe in my faith that God can redeem and save anybody, then how do I support someone getting the death penalty? And I’m just talking about me. That’s my struggle. That’s my challenge.”

Other laws that will take effect Sunday include:

SB 170, which could boost legal challenges to local ordinances. In part, the law requires local governments to suspend enforcement of ordinances while lawsuits play out and makes plaintiffs eligible for up to $50,000 in attorney fees if a court finds ordinances are “arbitrary or unreasonable.”
HB 319, which sets a maximum fine of $2,500 for interfering with participants in athletic or artistic events or going onto fields or stages without authorization. Also, in the age of social media, the law prohibits people from making money off such exploits.
HB 431, which makes it a third-degree felony for a person age 24 and older to solicit a 16- or 17-year-old in writing to commit a lewd or lascivious act.
HB 949, which requires a learner’s permit or driver’s license for anyone under age 18 to operate a golf cart on a public road. Currently, golf-cart operators must be at least 14 years old when on public roads designated for golf-cart use, but driver’s licenses are not required.
HB 1359, which increases penalties for fentanyl dealers and manufacturers. That includes imposing mandatory minimum 25-year sentences and $1 million fines for adults selling at least four grams of fentanyl to minors through such things as products that resemble candy.
HB 1465, which includes boosting potential sentences for people who possess or discharge guns while involved in human trafficking. Such people will be subject to the state’s “10-20-Life” mandatory-minimum sentencing law.
HB 1367, which expands a litter law to prohibit dumping litter at water-control district properties or canal rights-of-ways unless given approval.

Source: Florida News Service, Staff, September 27, 2023

_____________________________________________________________________

Home | Twitter/X | Facebook | Telegram | Contact us

"One is absolutely sickened, not by the crimes that the wicked have committed,

but by the punishments that the good have inflicted."

— Oscar Wilde

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month. Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1. No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week.

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight. In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution. Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order.

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term: Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released. Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Death Penalty News

Search This Blog