Miami federal judge rules Florida’s death penalty unconstitutional

[FR7 Baptist]

A Miami federal judge ruled Wednesday that the way Florida courts mete out the death penalty is unconstitutional because juries — not judges — should be the ones to spell out which details about the crime justify execution.
U.S. District Judge Jose E. Martinez ordered that Paul H. Evans, convicted in a 1991 murder-for-hire case in Vero Beach, must receive a new sentencing hearing.
The ruling, likely to be argued in appellate courts for years, does not strike down Florida’s capital-punishment law. But it could force lawmakers to change the statute, and could give recent convicts new avenues for appeal, legal experts say.

Read more: http://www.miamiherald.com/2011/06/22/2279518/miami-federal-judge-floridas-death.html#ixzz1Q4MjytMc

 

[freeatlast]

Under a democratic society I have to agree. In the case where the jury are the one's who convict then a jury should be the one's who decide the level of punishment. They bore the weight of finding the person guilty so they need to be the ones bearing the weight of sentencing the person.

 

[hillclimber1]

I believe it to be the jury's responsibility to find guilt or innocence, but not the punishment.. Punishment should be decided by the judge, based on the legal nuances of the case, and structured by the legislative process. And with the unanimous finding by the jury (in case for the death penalty).