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Friday, March 17, 2017

Florida and their Death Penalty Law

Sentencing Disparities: The Death Penalty

     As most of you may already know, I reside in Florida, the Sunshine state, where the death penalty exists.

     Therefore, to begin I went here: this site enables you to see what Florida, and some other states have been doing with and about the death penalty, and things that have gone wrong, including when people are wrongfully incarcerated. For things like this: the ‘clean hands act’ was created, but it too, has stipulations as to whether the wrongfully convicted person has had a felony prior to the wrongful conviction. To me, the wrongful conviction should stand up for itself, period. Unless, the conviction was overturned because of a court mistake, illegal confession, and the person is truly guilty and getting out on it. The ‘clean hands act’ should stand for if in fact, your hands are clean of the crime, legally and morally. 

     Studies have shown that at least two hundred and one death row inmates may be eligible for resentencing. One hundred and thirty-four of those, had non-unanimous votes. For that matter, to date new evidence has been found on some cases, because of new things learned in pathology, with DNA and other links to figuring out results to linking crimes to criminals. 

Florida death Penalty Stats:
  • Thirteen percent of the nation’s death row inmates are on Death Row in Florida
                     (This is comparing the Nation- USA – to Florida, and where all of the death row inmates are located! Thirteen percent are in my state!)
  • There are currently 404 inmates on Death Row in Florida (number 2 in the country)
                  (Number two in the Country!)
  • There have been 78 executions in Florida since 1976
                 (Only 78? Why? Because we leave them there for ‘how many years?’ years to think about it and feed them, house them, and clothe them, and use the tax payer’s money to do so!)
  • There have been 24 people exonerated from Florida's Death Row
(Because Judges overturn rulings of Juries, and because now we have newer technology to investigate further)
  • There are 493 active capital cases statewide (2009)
(Meaning there could be more going on death row!)
  • State funding on experts, investigators, and support declines yearly
(No comment…)    

  • Florida is the only state that allows a jury to decide the aggravating factors and to recommend death by a simple majority vote (7 of 12)
         (But a Judge can over turn it!!!)

Aggravating and mitigating factors for the death penalty in Florida: 

(1)The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The defendant committed the murder after substantial planning and premeditation
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(7) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws
(8) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(9) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(10)The defendant was a criminal street gang member
(11)The victim of the capital felony was a person less than 12 years of age
(12)The victim of the capital felony was particularly vulnerable due to disability, or because the defendant stood in a position of familial or custodial authority over the victim
(13) The victim was an elected or appointed official or former official of the federal government, or local or state government, and the killing intentionally prevented the victim’s official duties
(14)The defendant engaged in drug trafficking
(15)The defendant raped a child
(16)The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification
(17)The capital felony was committed by a person designated as a sexual predator or a person previously designated as a sexual predator who had the sexual predator designation removed
Cited directly: (Meaning I copied the above numbered rules directly and am admitting to it!)

     There are several execution rulings that I do not agree with: drug trafficking? Yes, I am highly against drugs. But why should we kill the person, why not try to reformat them like a new hard drive. Street gang? If that gang is committing murders, then ok. If it is just a gang that pretends to be a gang, and yes there are those type of gangs, they are the younger generation, then death row? No. If they are killing and raping, yes. And if they are raping, pardon me, but feel free to cut off their genitalia first, before executing them. Number twelve. I think I must not understand that one….And as for rule fifteen, what about raping adults, not just Children. I mean I agree about raping children. But adults can be raped too, thank you. Seriously can someone explain rule twelve to me?

Race and the top county for execution ranking:

     Seventy two percent of all executions carried out in Florida between
1976 and 2014 were for crimes involving white victim’s contrary to the fact that fifty six percent of all homicide victims are white.

     Only twenty six percent of all homicide victims are female, but forty three percent of all executions carried out in Florida were for homicides involving female victims.

     Homicides involving white female victims are six point five times more likely to result in an execution than homicides in involving black male victims.

     No white person has been executed in Florida for a homicide involving a black victim. In contrast, seventy one percent of the executions carried out against black inmates were for homicides involving white victims. In cases where black inmates were executed, fifty six percent of all the victims were White.

     Miami-Dade County has the highest execution rate. Miami-Dade is not the biggest county in Florida, Brevard county is, which is where I reside. My county has the most traffic accidents, therefore our auto insurance rates are the highest.

     What can be used to correct this kind of problem? Times change, people change, and so does and did the economy with it. Just like we still get to hear out parents say: “Back in the day..” It rings true. Back in the day prices were lower, but so was the cost of living. Back in the day we were taught right from wrong, we were allowed to spank our Children, we were allowed to teach right from wrong. Now if you raise your voice, or your hand, or are even caught looking at your child wrong, you could lose that child. Not to mention, one phony complaint when you do discipline that child by a simple grounding, and that child can still be removed from your home. As I stated: times have changed, and so has the World along with it. Everyone has their nose in everyone’s business, and its usually in the wrong way. Assumptions get farther than facts, and the truth does not set you free anymore.

People against Florida’s Executions can go here:

    Am I for the death penalty? When it’s justifiable, yes. Do I believe a person should sit in a cell for many years waiting to be put to death? No. The most lenient I can be, maybe five years. Maybe. In the meantime, files your papers if you feel you are innocent, otherwise, if you know you are guilty, by all means, press the ‘let’s get this over with button’ and allow the state to pursue with the execution process. Case closed.

     By the way, I’m very opinionated, and honest, as well as open minded. The way that I am managed to get me a lower grade in Politics, because of how I am. I certainly this doesn’t happen here. I am not asking for special treatment, I am simply explaining myself.

     Thank you.

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