Audio By Carbonatix
Florida’s particular method of sentencing prisoners to death has been deemed unconstitutional by Miami U.S. District Judge Jose Martinez today. The decision will not immediately strike down the law and didn’t find the death penalty in and of itself unconstitutional. Though, it will guarantee convicted murderer Paul H. Evans will receive a new sentencing trial.
According to the AP, Martinez ruled the law unconstitutional because “jurors are not required to announce specific findings on aggravating factors required to justify the death penalty.”
Jurors in Florida are only asked to vote on whether a convict deserves the death penalty by a simple majority vote, and only announce the finding. Though, the judge gets the final say in sentencing.
Martinez’s ruling cited a 2002 U.S. Supreme Court ruling that jurors must disclose aggravating factors.
Will you step up to support New Times this year?
At New Times, we’re small and scrappy — and we make the most of every dollar from our supporters. Right now, we’re $17,800 away from reaching our December 31 goal of $30,000. If you’ve ever learned something new, stayed informed, or felt more connected because of New Times, now’s the time to give back.
It’s up to Attorney General Pam Bondi’s office to appeal the decision.
Evans was previously convicted for the 1991 murder of Alan Pfeiffer after he was hired by Pfeiffer’s wife.
Follow Miami New Times on Facebook and Twitter @MiamiNewTimes.
