House Backs Speeding Up Death Penalty

April 26, 2013

After a debate that touched on justice, innocence and the Bible, the Florida House on Thursday approved a bill aimed at reducing delays in carrying out the death penalty.

Supporters of the bill (HB 7083) pointed to convicted murderers who, in some cases, have been on Death Row for more than 30 years. Rep. Matt Gaetz, a Fort Walton Beach Republican who is the bill sponsor, said it is a “blight on our whole justice system” when people are on Death Row for decades with no questions remaining about their guilt.

“This is not about the death penalty,” said Rep. Gayle Harrell, R-Stuart. “This is about justice. And justice delayed is justice denied.”

But opponents said they fear that trying to shorten the appeal process could lead to innocent people being executed, particularly with scientific advances that have helped exonerate Death Row inmates.

“What in the world is the hurry?” asked Rep. Elaine Schwartz, D-Hollywood.

The bill focuses, at least in part, on what is known as the “post-conviction” legal process, which starts after the Florida Supreme Court upholds death sentences in initial appeals. The post-conviction process can involve appeals about issues such as whether defendants have received ineffective legal representation.

Approved in an 84-34 vote, the bill would make a series of changes to try to reduce delays and end what one lawmaker described as gamesmanship in post-conviction proceedings.

As an example, part of the bill would try to ensure that attorneys have “actual” conflicts of interest before being replaced in death-penalty cases — replacements that can cause delays. “A possible, speculative or merely hypothetical conflict is insufficient to support an allegation that an actual conflict of interest exists,” the bill says.

Another part of the bill, meanwhile, would try to weed out attorneys who have inadequately represented defendants in death-penalty cases. It would bar such attorneys from working on death-penalty cases for five years if courts have found that they provided deficient representation twice.

Rep. James Grant, R-Tampa, said the bill is aimed at making sure attorneys and Death Row inmates don’t abuse the system.

“We’re not speeding up the death penalty,” Grant said. “We’re just slowing down fraud.”

But critics repeatedly raised concerns about the potential of executing wrongly convicted inmates.

“The one thing that you cannot take back is, if you put a person to death, you can’t bring them back to life,” said Rep. Mia Jones, D-Jacksonville.

Debate about the bill became intense at times, with some lawmakers even citing the Bible to back their positions.

Rep. Charles Van Zant, a Keystone Heights Republican who supported the bill, referred to a passage in the Old Testament book of Genesis. That drew a response from Rep. Dwayne Taylor, D-Daytona Beach, who countered with passages from the New Testament.

At one point, Rep. Larry Lee, Jr., D-Port St. Lucie, said his sister was murdered by a jealous ex-boyfriend. But he said was torn about the bill, because he said he often sees reports of inmates being exonerated by scientific evidence. In the end, Lee voted against the bill.

By The News Service of Florida

Comments

2 Responses to “House Backs Speeding Up Death Penalty”

  1. Carolyn Bramblett on April 27th, 2013 5:07 am

    The majority of people on death row are not claiming innocence—they are claiming other excuses. It’s time to end the madness and execute murderers and other butchers.

  2. well on April 26th, 2013 7:23 am

    Move them on through. No consequences for your own actions is a problem for me.

Written by William Reynolds · Filed Under News