Topline
Florida Gov. Ron DeSantis signed new legislation which allows the state to impose the death penalty for sexual assault on children, ignoring an earlier U.S. Supreme Court decision that limits capital punishments only to cases involving murder.
Florida Gov. Ron DeSantis gives a speech during the Jerusalem Post conference at the Museum of … [+]
Key Facts
The “Capital Sexual Battery” legislation allows state prosecutors to seek the death penalty for an adult who “commits sexual battery…or in an attempt to commit sexual battery injures the sexual organs” of a child younger than 12 years.
The legislation will go into effect later this year and it sets a minimum sentence of life imprisonment without parole for the mentioned offenses.
DeSantis signed the legislation—which passed the state’s legislature with bipartisan support—at a campaign-style event in Titusville, Florida where the governor spoke from a podium with a banner touting “Law & Order.”
The new law directly clashes with a 2008 Supreme Court ruling, which blocked a similar Louisiana law, stating that it violates the Eight Amendment of the Constitution—which bars “cruel and unusual punishments”—unless the crime results in the death of the victim.
In his speech after signing the legislation, DeSantis said he thinks the Supreme Court’s decision was “wrong” and is prepared to fight this all the way to the top court.
Crucial Quote
“We think that in the worst of the worst cases, the only appropriate punishment is the ultimate punishment, and so this bill sets up a procedure to be able to challenge that precedent…In Florida, we stand for the protection of children,” DeSantis said.
Key Background
Florida’s decision to expand the death penalty to include sexual assault against children comes less than two weeks after DeSantis signed new legislation, which makes it easier for juries to recommend the death penalty. Under the new law, a unanimous vote by the jury is no longer required for recommending capital punishment and it can be done with an 8-4 vote instead. DeSantis’ efforts to boost his “law and order” credentials come at a time he is expected to announce a presidential run. After initially being seen as the biggest threat to former President Donald Trump’s chances of locking the GOP 2024 nomination, the Florida Governor has seen a sharp slide in his poll numbers in recent days.
Further Reading
DeSantis expands Florida death penalty law, defying U.S. Supreme Court (Washington Post)
DeSantis signs bill giving Florida lowest death penalty threshold in US (Tampa Bay Times)
Source: https://www.forbes.com/sites/siladityaray/2023/05/02/desantis-signs-new-death-penalty-legislation-sets-up-potential-clash-with-supreme-court/