Discussion A. Trends in Imposing Death Sentences B. Regional Disparities C. Life withoutParole D. Public Opinion E. Guilty Pleas and Waiver of Jury Recommendations F. Overrides G. Death Votes and Direct Appeal Decisions H. Race Issues I. Innocence J. The Bigger Picture TABLES Table 1. First-Time Death Sentences in Florida By Year 1972-2001 Table 2. Death Sentences Imposed After Jury Recommendation of Life 1976-2001 Table 3. Florida Executions Since 1979 Table 4. Florida Death Sentencing by Victims' Races 1973-2000 Table 5. Florida Inmates Exonerated Since 1972 Because of Doubts About Guilt End Notes Title Page
B. Regional Disparities
C. Life withoutParole
D. Public Opinion
E. Guilty Pleas and Waiver of Jury Recommendations
F. Overrides
G. Death Votes and Direct Appeal Decisions
H. Race Issues
I. Innocence
J. The Bigger Picture
First-Time Death Sentences in Florida By Year 1972-2001
Table 2. Death Sentences Imposed After Jury Recommendation of Life 1976-2001
Death Sentences Imposed After Jury Recommendation of Life 1976-2001
Table 3. Florida Executions Since 1979
Florida Executions Since 1979
Table 4. Florida Death Sentencing by Victims' Races 1973-2000
Florida Death Sentencing by Victims' Races 1973-2000
Table 5. Florida Inmates Exonerated Since 1972 Because of Doubts About Guilt
Florida Inmates Exonerated Since 1972 Because of Doubts About Guilt
End Notes
Title Page
End Notes [1] Fred Anderson, Joel Diaz, Jeffrey Hutchinson, Luis Caballero, Richard Lynch, Henry Thornton, James Belcher, Lawrence Joey Smith, Ray Johnston (also sentenced to death in 2000), Jamil Rashid (a.k.a. Richard McCoy), Thomas Thibault, Kenneth Dessaure, John Blackwelder, Charles Globe, and Rossing St. Clair (juvenile). (Return to text) [2] Hutchinson (Okaloosa County), Blackwelder (Columbia County), and Globe (Columbia County). (Return to text) [3] "In 1994, the Legislature enacted chapter 94-228, Laws of Florida, section 1 of which amended the statute on penalties for crimes to make life without the possibility of parole the alternative punishment to a death sentence for the crime of first-degree murder. See Section 775.082(1), Fla. Stat. (Supp. 1994). Section three of the session law states that 'this act shall take effect upon becoming a law.' The act was approved by the Governor and became effective May 25, 1994. Thus, the amended sentencing statute applies to all crimes committed after May 25, 1994." Bates v. State, 750 So.2d 6, 10 (1999). (Return to text) [4] The same pattern is also found in Ohio, where three people were sentenced to death in 2000 and five (so far) in 2001. Their LWOP option was introduced in 1996, but only since 1999 have juries started to turn to it. "Criminal justice statistics show a steep decline in the overall percentage of aggravated-murder convictions carrying the death sentence starting in 1999." See Bill Sloat, Fewer Killers Going to Ohio Death Row, Cleveland Plain Dealer, August 21, 2001. (Return to text) [5] As I understand it, Mr. Halliwell was actually paroled from his first-degree murder sentence in 1998, but was kept in prison until 2001 because of a conviction for grand theft. (Return to text) [6] "Two-Thirds of Americans Support the Death Penalty." Gallup Poll release, March 2, 2001, available at: http://www.gallup.com/poll/releases/pr010302.asp (Return to text) [7] http://pollingreport.com (Return to text) [8] Linda Kleindienst, It's Been a Shaky 12 Months for the Death Penalty, Fort Lauderdale Sun-Sentinel, August 7, 2000. (Return to text) [9] Judge Eaton has shown wisdom in some death penalty cases, especially in the cases of former death row inmates Joe Spaziano and Greg Mills. (Return to text) [10] 699 So.2d 1010 (1997). (Return to text) [11] 775 So.2d 263 (2000). (Return to text) [12] Zakrzewski pleaded guilty to killing his wife and two children. The jury recommended death for the murders of his wife and son (on 7-5 votes), and life for the murder of his daughter. The trial judge imposed three death sentences, which were affirmed on direct appeal. Zakrzewski v. State, 717 So.2d 488 (1998). (Return to text) [13] Ramirez v. State, 27 Fla. L. Weekly S18 (12/20/01). (Return to text) [14] Hallifax, Jackie, Study Group Decides Against Top Court Hiring Two More Justices, Associated Press, Jan. 29, 2000.(Return to text) [15] Of the 749 executions in the U.S. between Jan. 1, 1976 and Dec. 31, 2001, Texas had 256, Virginia 83, Missouri had 53, Florida 51, and Oklahoma 48. Combined, these five states account for 2/3 of all American executions.(Return to text) [16] Radelet, Michael L. and Glenn Pierce, "Choosing Those Who Will Die: Race and the Death Penalty in Florida." 43 FLORIDA LAW REVIEW 1 (1991), at 21.(Return to text) [17] Radelet, Michael L., William S. Lofquist, and Hugo Adam Bedau. "Prisoners Released from Death Rows Since 1970 Because of Doubts About Their Guilt." COOLEY LAW REVIEW 13 (1996): 907-66.(Return to text) [18] HV=Hispanic Victim; OV=other race victim; MV=multiple victims of multiple races. (Return to text) [19] Codefendant Jesse Tafero, convicted on identical evidence, burned to death in Florida's electric chair, May 1990.(Return to text) Top
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