A.G. Gancarski
Eight jury votes will soon be enough to execute those convicted of sexual battery against young children in Florida.
HB 1297, a bill from Rep. Jessica Baker allowing for the execution of rapists of children under the age of 12 without jury unanimity, was passed by the Senate Tuesday in a 34-5 vote with strong majorities of both Republicans and Democrats. It passed in the House last week.
The bill, substituted for the Senate version (SB 1342) sponsored by Sen. Jonathan Martin, contravenes cases Buford v. State of Florida and Kennedy v. Louisiana.
In those two cases — Buford at the state level and Kennedy at the federal level — judges ruled against execution for sexual assault of children.
Martin, a Republican from Sarasota, noted in introduction that until 45 years ago, “punishing this crime by death” was legal in Florida.
He added that the court opinions leave it to “legislative purview” for the state to create constitutionally compliant punishment, and suggested the bill created that path.
In the case of the execution of child rapists, aggravating factors would have to be in play, including a history of rape or sexual predation, the use of a firearm, financial gain, a “heinous, atrocious, or cruel” act, victim vulnerability, or the assailant holding a custodial position. Two of these factors would suffice to impose the ultimate penalty, but all jurors would have to agree on the aggravating factors.
Senate Minority Leader Lauren Book, a co-sponsor of the bill who was abused by her nanny for six years, was emotional in her testimony.
“A part of me died when I was a little girl, and I was given a life sentence,” the Plantation Democrat said.
Book described “child predators” as “systematically grooming” their young victims, seeking “vulnerabilities to exploit” and looking for a “void to fill” until “the ultimate violation has been achieved.”
“The reality is these predators cannot be satiated,” Book said, describing “these individuals (as) hardwired to offend.”
This will likely be the second law passed in 2023 opening up the door to eight jurors being able to vote to execute someone guilty of a monstrous crime. SB 450, which previously passed the Senate, would allow eight out of 12 jurors to impose capital punishment in murder cases, making Florida the fourth state not to require unanimity.
Gov. Ron DeSantis expressed interest in opening up executions to non-unanimous jury decisions earlier this year, lamenting the life sentence given to the mass murderer responsible for the 2018 Parkland massacre.
“Fine, have a super-majority. But you can’t just say one person. So maybe eight out of 12 have to agree? Or something. But we can’t be in a situation where one person can just derail this,” DeSantis told the Florida Sheriff’s Association (FSA) in January.
8 comments
Earl Pitts American
April 18, 2023 at 8:21 pm
Good evening America,
Florida needs to bring back “Old Sparky” the Electric Chair for the child rapist executions. A lot of leftist dook 4 brains will hate this because pedophilia is a long term leftist fantisy and goal.
Thank you America,
Earl Pitts American
Dont Say FLA
April 19, 2023 at 7:48 am
EPA here is a perfect example of how when Conservatives go on the attack, you can probably interpret that as a confession. They’re trying to limit their competition.
Elliott Offen
April 21, 2023 at 4:39 pm
Need to bring back Old Sparky for Russian troll and schizophrenic narcissist Earl Arm Pitts. Stinking up this website with drunken nonsense.
Keith Offen
April 21, 2023 at 6:33 pm
Earl Pitts Russian troll and drunken pill head..Earl Putin is his name..and lewd and lascivious exhibition is his game.
Dr John Langrod
April 18, 2023 at 8:31 pm
Capital Punishment is legalized murder and should have no place in a civilized society!Its understandable that maggot followers of Deathsantis support the death penalty, but a disgrace that Sen Loren Book the Democratic leader would go along The Democratic Party in Florida sucks and that’s why the GOP won! The first step should be to remove Democons like Loren from leadership positions! Hopefully Nikki Fried will do a better job!
Ron DeSantis Sucks
April 19, 2023 at 8:37 pm
100%. Lauren Book is a disgrace. She’s basically a Republican who wants to keep abortion legal. She was also instrumental in getting Marsy’s law passed.
Lawrence A
April 18, 2023 at 8:49 pm
Set a time frame for the execution., five years from the date of sentencing. During the first 3 all appeals should be presented allowing the final 2 years to settle them.
Dont Say FLA
April 19, 2023 at 7:57 am
Conservatives rail against big government and Deep State but are the most vehement advocates of that very same big government and Deep State having the power to execute its governed. Which is it, is the government not to be trusted, or should the government be trusted with your life? While child abuse is among the most heinous of all possible criminal violations, otoh children will believe and say whatever mom or dad tells them. Conservatives want to say “science” whenever science leads to convictions, yet convictions are continually being overturned after decades when the original science is found to have been faulty. Supposing Florida Gov Rhonda’s Panties tires of losing fights with Mickey Mouse and instead picks a fight with YOU. With your execution on the table, and at the word of a child, how would you feel? When people say not to trust the government, that should include above all else matters of life and death. Government has no business in the life and death business. (Except real governments have business in the business of life, but here in USA we opt not to have government serve us. We opt to have a government that penalizes some of us.
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