‘A huge step backward’ for the death penalty in Florida | Opinion

The requirement that a jury unanimously recommend a sentence of death comports with the overwhelming majority of states that have the death penalty. At the time that Hurst v. Florida was decided, of the 31 states that legalized capital punishment, only three states — Florida, Alabama and Delaware — did not require that a unanimous jury recommend the death penalty. Since that time, the Delaware Supreme Court declared the state’s capital sentencing statute unconstitutional, and we held in Hurst v. State that unanimity was required in Florida. These developments left Alabama as the sole death penalty state not requiring unanimity — until today. Not only does requiring a unanimous recommendation of a sentence of death comport with the overwhelming majority of death penalty states, it also comports with federal law governing the imposition of the federal death penalty.