cricket49
Loving Life!
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- Feb 24, 2013
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In Florida, defendants must be found guilty by a unanimous vote, whether they steal a car or kill. When it comes to recommending the ultimate punishment, a simple majority, 7-5, suffices. We are the only state in America that allows such split juries to recommend death. And it matters. In 2012, almost two-thirds of the defendants sent to Florida's death row were ushered there even after some of the jurors believed they should be spared.
I sat on a murder trial back in 1996. It was a death penalty case and I tried like the dickens to be honest during voir dire by saying I thought I could recommend the death penalty. I got picked to be on the jury and it was absolutely unanimous when it came to the guilt phase. The sentencing phase, however, was much harder. We approached it by "polling" each juror, having them write their desired "sentence" and put it, folded up, in the center of the table. They were then all mixed up and the foreman started to read off the recomended sentence. It was 10-2 for the death penalty. I was one of the 2 who voted for LWOP. After the polling, we all spent approximately 2 hours discussing our thoughts, both positive and negative, and then decided that with such a big margin - we would take one final vote. Again the vote was 10-2. We went back into the courtroom and returned a sentence of the death penalty. When it got right down to it, I couldn't give the kid who murdered a school teacher the death penalty, mostly because of his older brother's plea to us to spare his life. I won't go into all the details, but I felt like this kid was misguided from birth. That's not an excuse to murder, but I felt he would be better off in jail for life. I recently read where he appealed his verdict and his sentence was commuted to LWOP. So, even though he was originally given the death penatly, it ends up he is now serving a life sentence. We are also one of few states where the judge can overrule our recommended sentence and give the Defendant Life or Death. Yes, I know - everything in FL is just a little wacky!
I truly hope this jury is able to do what I wasn't able to do, although the cases were nothing alike. I could absolutely give Jodi a death sentence. Her "overkill" of Travis deserves nothing less!
BBM Interesting about the state of Florida going with a majority vote. Isn't that where Casey Anthony was tried? Does anybody remember the jury split ratio in that case? TIA