NCJ Number
111123
Journal
University of California Davis Law Review Volume: 18 Issue: 4 Dated: (Summer 1985) Pages: 1409-1431
Date Published
1985
Length
23 pages
Annotation
In the past decade, Florida has led the country in number of persons sentenced to death and the number executed. This is partly attributable to the State's broad death penalty statute and a provision that allows trial judges to override an advisory sentence of life imprisonment.
Abstract
An examination of 326 cases, in which a death penalty was imposed between 1972 and 1984, revealed 84 cases in which this override provision had been applied. No significant differences were found on 11 case characteristics between cases with jury recommendations of life or death. These included defendant race, age at time of crime, and education; victim sex, race, and age; number of homicide victims; year of sentence; type of trial attorney; and number of aggravating and mitigating circumstances. Thus, these factors are not useful in distinguishing the two groups. Only two noteworthy differences were found: 40 percent of defendants with private attorneys received life sentences as compared to 23.2 percent with public defenders or court-appointed attorneys, suggesting that judges are more likely to override the jury in cases with private attorneys; and the ratio of aggravating to mitigating circumstances was 3.87 to .597 in cases where the jury recommended death and 3.64 to .448 in override cases. Finally, of override cases, 75 percent later had their death sentences vacated. Overall results provide no rationale for retaining the override provision. 5 tables and 57 footnotes.