People in Florida may have seen news stories recently regarding Florida’s death penalty and a decision by the United States Supreme Court calling it into question. As an initial matter, Florida has the death penalty as an option for certain crimes. The recent United States Supreme Court case (Hurst v. Florida, 136 S. Ct. 616 (2016)) did not find the Florida death penalty unconstitutional, but it did find the death penalty “scheme” unconstitutional.
The Sixth Amendment to the Constitution guarantees, among other things, a criminal defendant the right to have a trial by jury. The problem with the Florida death penalty procedure is that the Florida statute allows a judge to make certain findings that a defendant is eligible for the death penalty. The Supreme Court held that the Sixth Amendment requires a jury to make those findings rather than a judge. A recommendation by the jury to the judge who ultimately makes the death penalty findings is not sufficient to satisfy the Sixth Amendment right to a trial by jury. The Court ruled that a jury, not a judge, must make each finding that is necessary to impose the death penalty in a Florida criminal case.
So, what that decision does is invalidate the process by which Florida imposes the death penalty. As stated, it does not mean Florida cannot impose the death penalty; it just means that Florida needs to get its death penalty procedure in line with the Constitution by relying on the jury rather than the judge. In the meantime, the Florida legislature has passed new laws that presumably bring the Florida death penalty procedure in conformity with the Constitution.