STEP TOWARD UNIFORMITY - REVIEW OF LIFE SENTENCES IN CAPITAL CASES

• NCJ Number: 55220
• Journal: Florida State University Law Review Volume: 6 Issue: 3 Dated: (SUMMER 1978) Pages: 1015-1027
• Author(s): R BERGWERK
• Date Published: 1978
• Length: 13 pages
• Corporate Author: Florida State University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A PROPOSAL TO PROVIDE REVIEW BY THE FLORIDA SUPREME COURT OF CASES IN WHICH LIFE SENTENCES ARE IMPOSED WHEN THE DEATH PENALTY COULD HAVE BEEN IMPOSED IS EXAMINED.

Abstract

THE U.S. SUPREME COURT'S DECISION IN FURMAN V. GEORGIA (1972) IN EFFECT STRUCK DOWN FLORIDA'S EXISTING CAPITAL PUNISHMENT STATUTE. IN 1973, FLORIDA ENACTED THE FIRST POST-FURMAN CAPITAL PUNISHMENT LAW IN THE NATION. BUT THE DEBATE OVER THE DEATH PENALTY CONTINUED, AND CAPITAL PUNISHMENT WAS THE SUBJECT OF INTENSE DISCUSSION BY THE STATE'S CONSTITUTION REVISION COMMISSION. THE COMMISSION CONSIDERED TWO PROPOSALS, ONE SEEKING TO ABOLISH CAPITAL PUNISHMENT AND THE OTHER PROVIDING FOR REVIEW OF LIFE SENTENCES IN CASES INVOLVING FIRST DEGREE MURDER, THE ONLY CAPITAL FELONY IN FLORIDA. THE LATTER WAS ACCEPTED FOR SUBMISSION TO THE FLORIDA ELECTORATE, WHILE THE FORMER WAS NOT. BOTH PROPOSALS AND THE COMMISSION'S ACTION ON THEM ARE DISCUSSED, AND THE EFFECT OF THE REVIEW PROPOSAL SHOULD IT BE ADOPTED AS AN AMENDMENT TO THE FLORIDA CONSTITUTION IS CONSIDERED. THE REVIEW PROPOSAL IS AN ATTEMPT TO ENSURE UNIFORMITY IN THE IMPOSITION OF THE DEATH PENALTY SO THAT PERSONS WHO COMMIT SIMILAR CRIMES RECEIVE SIMILAR SENTENCES. UNDER THE PROPOSAL, THE SUPREME COURT WOULD REVIEW DIRECTLY ALL APPEALS OF CONVICTIONS FOR FIRST DEGREE MURDER. UNDER THE EXISTING SYSTEM, APPEALS FROM A LIFE SENTENCE GO TO A LOWER COURT, WHILE DEATH PENALTY APPEALS GO DIRECTLY TO THE SUPREME COURT'S. THE EFFECT THE PROPOSAL WOULD HAVE ON THE SUPREME COURT'S WORKLOAD IS INCALCULABLE. THERE COULD BE A CRIPPLING EFFECT ON THE COURT'S ABILITY TO FUNCTION, OR THE RESULT COULD BE A MORE UNIFORM AND CAREFUL APPLICATION OF THE DEATH PENALTY ACROSS THE STATE. HOWEVER, THE CONSTITUTION IS NOT THE APPROPRIATE VEHICLE FOR INTRODUCING SUCH A CHANGE. SHOULD SUPREME COURT REVIEW OF LIFE SENTENCES PROVE UNMANAGEABLE, CONSTITUTIONAL REVISION WOULD BE REQUIRED. IF THE CHANGE IS INTRODUCED, IT SHOULD BE IMPLEMENTED BY STATUTE. (LKM)