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Florida Supreme Court Upholds 8–4 Jury Standard for Death Sentences

The decision cements the nation’s lowest death‑penalty threshold, adopted in 2023 after the Parkland sentencing.

FILE - Clouds hover over the entrance of the Florida State Prison in Starke, Fla., Aug. 3, 2023. (AP Photo/Curt Anderson, File)

Overview

  • The court rejected two constitutional challenges to the 2023 statute allowing death sentences on an 8–4 jury recommendation.
  • Justices said the Eighth Amendment does not require a unanimous jury recommendation, citing safeguards they found sufficient against arbitrary outcomes.
  • In a 65-page opinion, the court affirmed Michael James Jackson’s death sentence from a 2023 resentencing based on an 8–4 jury vote.
  • The court upheld Michael H. Hunt’s conviction and left intact his death judgment after rejecting his attack on the nonunanimous recommendation system, which in his case was 10–2.
  • Justice Jorge Labarga concurred in the results but stressed that Florida stands alone with the lowest numerical threshold, as Alabama permits death sentences only with at least a 10–2 vote.