Recently the US Supreme Court found Florida's DP to be unconstitutional because it gives the judge the final say If a defendant gets the death penalty. This can effect many death penalty cases in Florida. Florida's legislature is working on changing the law so that jurors have the final say.
Maybe that is why they are waiting to up the charges to first degree murder. I wonder if they up the charges to first degree murder if they have a limited time to announce that they are going for the DP.
My questions are if at this time can they even apply the DP to a case? Is it in the states best interest to wait as long as they can before they up the charges to first degree murder and hope the legality is straightened out? How long does the state have once they charge someone with first degree murder to announce that they plan on pursuing the death penalty?
http://www.tampabay.com/news/courts...led-unconstitutional-by-supreme-court/2260930
Florida DP legislation news: http://www.palmbeachpost.com/news/n...ks-prosecutors-in-death-penalty-debate/nqNww/
Maybe that is why they are waiting to up the charges to first degree murder. I wonder if they up the charges to first degree murder if they have a limited time to announce that they are going for the DP.
My questions are if at this time can they even apply the DP to a case? Is it in the states best interest to wait as long as they can before they up the charges to first degree murder and hope the legality is straightened out? How long does the state have once they charge someone with first degree murder to announce that they plan on pursuing the death penalty?
http://www.tampabay.com/news/courts...led-unconstitutional-by-supreme-court/2260930
Florida DP legislation news: http://www.palmbeachpost.com/news/n...ks-prosecutors-in-death-penalty-debate/nqNww/