Florida’s death penalty system has undergone dramatic changes in recent years, creating what critics call “the lowest standards for capital punishment” in the United States.
As the state drives a national increase in executions under Governor Ron DeSantis, the Florida Supreme Court has now cemented controversial changes that allow defendants to be sentenced to death without unanimous jury agreement.
This decision marks a significant shift from traditional American legal principles requiring unanimous verdicts in the most serious criminal cases, raising questions about fairness and the risk of wrongful executions. The ruling comes as Florida executes inmates at a record pace, contributing to renewed debate about capital punishment nationwide.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.
Decisions Have Changed Over Time
The Florida Supreme Court has upheld a 2023 state law that ended the requirement for unanimous juries in death penalty sentencing. The court rejected constitutional challenges from death row inmates Michael Hunt and Michael Jackson, affirming that Florida can sentence people to death with jury recommendations of just 8-4 in favor of execution.
This represents the lowest threshold in the nation for death sentences. Alabama is the only other state allowing nonunanimous death penalty verdicts, requiring a 10-2 vote. The Florida law was passed in response to the Parkland school shooting case, where the gunman who killed 17 people at Marjory Stoneman Douglas High School was spared the death penalty after the jury could not reach unanimity.
Florida’s death penalty requirements have changed repeatedly in recent years. For decades, the state allowed judges to impose death sentences with only a majority of jurors recommending execution. In 2016, the U.S. Supreme Court struck down this system, saying it gave judges too much discretion. The Legislature then required a 10-2 jury vote, but the state Supreme Court at that time ruled recommendations should be unanimous, leading lawmakers to require unanimity in 2017.
However, after Governor DeSantis appointed five of the seven current justices, the reconstituted state Supreme Court in 2020 rescinded the unanimity requirement. The state has also expanded which crimes can warrant the death penalty to include child rape, despite a U.S. Supreme Court ruling banning capital punishment in such cases.
Florida is currently experiencing a record-breaking number of executions under DeSantis, with another execution scheduled that would bring the total to 19 executions in 2025, driving a national increase in capital punishment.
How Might this Impact Criminal Defense Going Forward?
This Florida Supreme Court decision has significant impacts for people convicted of severe crimes that could carry the death penalty:
Possible Increased Risk of Death Sentences Defendants facing capital punishment charges now have a much higher likelihood of receiving death sentences. Previously, a single holdout juror could prevent execution by blocking unanimity. Now, prosecutors only need to convince 8 of 12 jurors rather than all 12, making death sentences substantially easier to obtain.
Lower Threshold Than Any Other State Florida’s 8-4 standard is the lowest in the nation. Even Alabama, the only other state allowing nonunanimous death verdicts, requires 10-2. This means Florida defendants face a lower bar for the ultimate punishment than anywhere else in America.
Possible Reduced Protection Against Wrongful Execution The unanimity requirement historically served as a critical safeguard against executing innocent people or those whose cases had reasonable doubt. With four jurors potentially believing a defendant shouldn’t die, yet the execution proceeding anyway, the risk of irreversible mistakes increases substantially.
Potential Retroactive Concerns People currently on death row who were sentenced under previous standards may face uncertainty about whether these new rules could affect pending appeals or retrials. The decision affirming sentences for Michael Hunt and Michael Jackson suggests the court will apply this standard broadly.
Potential Expansion Beyond Murder Florida has also expanded death penalty eligibility to crimes like child rape, despite U.S. Supreme Court precedent against this. Combined with the lower jury threshold, this creates unprecedented exposure to capital punishment for a wider range of severe crimes.
Potential Deterrent Effect on Defense Strategy Defense attorneys must now recalculate their trial strategies knowing they need to persuade more jurors (at least 5 of 12) to spare their client’s life, fundamentally changing how capital cases are defended in Florida.
The Florida Supreme Court’s decision to uphold nonunanimous death penalty verdicts represents a significant departure from the American legal tradition of requiring unanimous jury agreement in criminal cases, particularly those involving life and death. With five of seven justices appointed by Governor DeSantis, the court has systematically rolled back protections that existed just years ago, creating what many legal experts view as an assembly line approach to capital punishment.
The practical implications are profound. A person can now be executed in Florida even when four jurors believe they should live. This 8-4 standard means that 33% of a jury can oppose execution, yet the death sentence proceeds anyway.
Critics argue this increases the risk of executing innocent people or those whose cases don’t truly warrant the ultimate punishment.
As Florida continues its unprecedented pace of executions and other states watch closely, the debate over the death penalty and the standards required to impose it has entered a new and troubling phase. The question facing Floridians and Americans more broadly is whether justice is truly served when death sentences can be imposed without the unanimity that has historically been required for such irreversible decisions.
For more information, contact Pakett Law.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.