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ABA Report Finds Serious
Problems in Florida's Capital Punishment System

A new report issued by the American Bar Association’s Death Penalty Moratorium Implementation Project found that Florida’s application of the death penalty fails to comply with ABA standards to ensure fairness and accuracy. This report was compiled by an eight-member team composed of criminal justice experts from Florida.

The report cites problems in numerous areas, including:

• Innocence- Florida has exonerated twenty-two death row inmates since the reinstatement of the death penalty in 1973, more than any other state.

• Representation- Counsel for the defense in capital cases are not adequately compensated. Florida has a statutory fee cap of $3500 for death penalty conflict trial counsel. Additionally, Capital Collateral Registry attorneys have a fee cap, which covers roughly 840 hours of work, even though it is estimated that capital cases will average 3,300 hours of work.

• Oversight- The report found that there is little or no oversight of registry counsel, which leads to a lack of accountability. Florida requires only minimal trial and appellate experience for registry attorneys to be appointed to a capital case.

• Juror Confusion- In a separate study, 48.7% of jurors sitting on capital cases in Florida erroneously thought that the defense must prove mitigating factors beyond a reasonable doubt. Of these same jurors, 36% incorrectly believed that they were required to sentence the defendant to death if they found the defendant’s conduct to be heinous, vile or depraved.

• Unanimity- Juror decisions in capital cases do not need to be unanimous. In the United States, Florida alone allows a jury to find that aggravators exsist and to recommend a sentence of death without being unanimous.

• Jury Override- From 1972 to 1999, 166 of the 857 death sentences in Florida were imposed by judges over the recommendation of life sentences by the jury.

• Race- A defendant in a capital case is 3.4 times more likely to receive the death penalty if the victim is white than if the victim is African-American. Since 1973, no white defendant has been executed for killing an African-American.

The report also makes recommendations for improving the administration of the death penalty, including:

• Innocence- The report recommends the creation of two independent commissions. The first commission would establish the cause of wrongful convictions in capital cases and recommend changes to prevent future wrongful convictions. The second commission would review claims of innocence from those sitting on death row.

• Representation- By allowing judges the ability to determine case-by-case the correct payment, attorneys would be better compensated for their time.

• Oversight- The report recommends that Florida attorney standards be consistent with the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases.

• Jury Confusion- By redrafting the instructions, Florida can address some of the issues that jurors are unclear about.

• Unanimity- Florida should require a jury’s sentencing verdict in capital cases to be unanimous.

• Jury Override- Judicial override of jury recommendations for life sentences should be eliminated.

• Race- Florida’s criminal justice system should commission a report on the racial disparities in the application of the death penalty and recommend ways to reduce those disparities.

Read the Executive Summary or Full Report of the ABA’s findings.