Re: Main Blog ~ Sun. Nov. 1st ~ #1

[inmyfloridaopinion]

I wonder what attorney Conway and even Dominic Casey think of their "clients" spending money on THEMSELVES this way, and NOT paying THEM for their services???

Now that is a VERY good question.

I can just see it now. DC and Conway will sue for payment. The judge will order CA remove her belly button ring and GA will have to take out the earring in the courtroom!

[momgot2kids]

well, I need to go lay down w.son, His body is not use to this time change. Its really his bed time!
see you all tomorrow. since I have no work to worry about!!!!

Night Kids I told mine it was getting bed time he looked at me Mom the funny is on (AFV)

[inmyfloridaopinion]

well, I need to go lay down w.son, His body is not use to this time change. Its really his bed time!
see you all tomorrow. since I have no work to worry about!!!!

Enjoy! You are about to embark on a new journey!!!!

[momgot2kids]

I wonder what attorney Conway and even Dominic Casey think of their "clients" spending money on THEMSELVES this way, and NOT paying THEM for their services???

Now that is a VERY good question.

I can just see it now. DC and Conway will sue for payment. The judge will order CA remove her belly button ring and GA will have to take out the earring in the courtroom!

[inmyfloridaopinion]

Where is Hawaii tonight? Do we need to send out a convoy?

[alwaysbelieve]

Good evening all--hope everybody is doing well. OMG--I cannot believe the pics of the A's, how gross.
They should use some of that blood money for some tucks--skins hanging pretty bad spindy and guess what? YOUR NOT A 10!!!!! George--your just a waste of space, such a spineless jelly fish.

[momgot2kids]

Got to finish the notes for school and off to 5:30 is either going to be as bad as normal or worse

[alwaysbelieve]

Got to finish the notes for school and off to 5:30 is either going to be as bad as normal or worse

Well, if normal or worse are the only choices, I hope it's normal for you! Sweet dreams my friend.

[inmyfloridaopinion]

Good evening all--hope everybody is doing well. OMG--I cannot believe the pics of the A's, how gross.
They should use some of that blood money for some tucks--skins hanging pretty bad spindy and guess what? YOUR NOT A 10!!!!! George--your just a waste of space, such a spineless jelly fish.

Welcome! Welcome!!

[inmyfloridaopinion]

Got to finish the notes for school and off to 5:30 is either going to be as bad as normal or worse

Night, dear momgot!

[inmyfloridaopinion]

Well, I am going to finish my book. If Toe is here tonight, I want to thank her for her sweet wishes last night regarding my mother. I talked to her today and there was a bit of improvement. Toe, keep getting better and hugs to your children!

Hope everyone else had a lovely weekend!

[toetag]

Fla. justices respond to death penalty confusion
By BILL KACZOR
Associated Press Writer

TALLAHASSEE, Fla. -- The Florida Supreme Court revised standard jury instructions for death penalty cases Thursday in ways the justices hope will reduce widespread confusion among jurors disclosed by an American Bar Association survey.

An ABA team studying Florida's death penalty process three years ago found large percentages of jurors misunderstood the law and their role in deciding death cases.

About 35 percent didn't realize they could consider any evidence - not just examples cited in the instructions - that would mitigate against a death sentence. More than 36 percent wrongly believed they had to recommend death if they found a defendant's crime was "heinous, vile or depraved."

Also, 25 percent had the misconception they must recommend death if they thought a defendant would be a future danger to society. In reality, that's a factor they cannot consider.

The justices wrote in an unsigned unanimous opinion that such confusion was "a cause for concern."

The high court accepted recommendations from its steering and criminal jury instructions committees, including some also suggested by the ABA team.

"It is encouraging and certainly this is a step in the right direction," said ABA team member Mark R. Schlakman, senior program director at Florida State University's Center for the Advancement of Human Rights. "But there is more work to be done."

The justices acted six weeks after lawyers, current and retired judges, and a former death row inmate criticized Florida for ignoring the ABA team's 2006 recommendations during a forum at Florida State.

Besides revised jury instructions, the recommendations call for changes in state law, better legal representation for defendants and uniform criteria to help prosecutors decide which cases merit the death penalty.

One new instruction says jurors should not be influenced by racial or ethnic bias, but the justices rejected an ABA recommendation to also order that jurors report evidence of discrimination in their deliberations.

"We agree, of course, that racial discrimination has no role in the jury deliberation process, but we are hesitant to craft any special instructions in this area without first being presented with specific proposals" by the Supreme Court committees, the justices wrote.

They added they may be open to such an instruction in the future.

By a 4-3 split the justices also rejected proposals for juries to fill out two special verdict forms showing whether they found a defendant guilty of premeditated or felony murder - both punishable by death - and explaining why they recommend a death sentence.

A defendant who didn't actually kill someone can be convicted of felony murder if he or she participated in a felony that resulted in death.

The majority wrote that premeditated or felony murder forms could result in even more juror confusion. They added that judges still could have juries fill out such forms but declined to require them.

Juries must unanimously decide guilt or innocence, but they can recommend death by a simple majority vote. Sentencing is up to judges, but they must give great weight to jury recommendations.

The majority didn't believe the high court had the authority to require explanatory forms, Justice Barbara Pariente wrote in a concurring opinion. She disagreed but also urged the Legislature to change state law to permit such forms. Justices Jorge Labarga and James Perry agreed with her.

The high court in a 2005 opinion also urged lawmakers to require unanimous jury votes for death recommendations, but the Legislature has refused to make that change. Some legal experts say federal courts may begin overturning Florida death sentences because the state lacks such a requirement.

"Florida is the outlier," Schlakman said. "Those issues must be addressed by the Legislature."
The Miami Herald

[toetag]

Daylight savings time is over. I lost an hour of daylight which I hate. Of course I gained another hour to add to my insomniac night blogging.

[MichiganPam]

Goodnight Everyone I logged on but haven't gotten a chance to blog. I hope to see you all tomorrow night.

[teddyspike]

Fla. justices respond to death penalty confusion
By BILL KACZOR
Associated Press Writer

TALLAHASSEE, Fla. -- The Florida Supreme Court revised standard jury instructions for death penalty cases Thursday in ways the justices hope will reduce widespread confusion among jurors disclosed by an American Bar Association survey.

An ABA team studying Florida's death penalty process three years ago found large percentages of jurors misunderstood the law and their role in deciding death cases.

About 35 percent didn't realize they could consider any evidence - not just examples cited in the instructions - that would mitigate against a death sentence. More than 36 percent wrongly believed they had to recommend death if they found a defendant's crime was "heinous, vile or depraved."

Also, 25 percent had the misconception they must recommend death if they thought a defendant would be a future danger to society. In reality, that's a factor they cannot consider.

The justices wrote in an unsigned unanimous opinion that such confusion was "a cause for concern."

The high court accepted recommendations from its steering and criminal jury instructions committees, including some also suggested by the ABA team.

"It is encouraging and certainly this is a step in the right direction," said ABA team member Mark R. Schlakman, senior program director at Florida State University's Center for the Advancement of Human Rights. "But there is more work to be done."

The justices acted six weeks after lawyers, current and retired judges, and a former death row inmate criticized Florida for ignoring the ABA team's 2006 recommendations during a forum at Florida State.

Besides revised jury instructions, the recommendations call for changes in state law, better legal representation for defendants and uniform criteria to help prosecutors decide which cases merit the death penalty.

One new instruction says jurors should not be influenced by racial or ethnic bias, but the justices rejected an ABA recommendation to also order that jurors report evidence of discrimination in their deliberations.

"We agree, of course, that racial discrimination has no role in the jury deliberation process, but we are hesitant to craft any special instructions in this area without first being presented with specific proposals" by the Supreme Court committees, the justices wrote.

They added they may be open to such an instruction in the future.

By a 4-3 split the justices also rejected proposals for juries to fill out two special verdict forms showing whether they found a defendant guilty of premeditated or felony murder - both punishable by death - and explaining why they recommend a death sentence.

A defendant who didn't actually kill someone can be convicted of felony murder if he or she participated in a felony that resulted in death.

The majority wrote that premeditated or felony murder forms could result in even more juror confusion. They added that judges still could have juries fill out such forms but declined to require them.

Juries must unanimously decide guilt or innocence, but they can recommend death by a simple majority vote. Sentencing is up to judges, but they must give great weight to jury recommendations.

The majority didn't believe the high court had the authority to require explanatory forms, Justice Barbara Pariente wrote in a concurring opinion. She disagreed but also urged the Legislature to change state law to permit such forms. Justices Jorge Labarga and James Perry agreed with her.

The high court in a 2005 opinion also urged lawmakers to require unanimous jury votes for death recommendations, but the Legislature has refused to make that change. Some legal experts say federal courts may begin overturning Florida death sentences because the state lacks such a requirement.

"Florida is the outlier," Schlakman said. "Those issues must be addressed by the Legislature."
The Miami Herald

I love how the human rights activists are so against putting people to death just because it is putting someone to death. They don't consider that these are people who killed people. What about the rights of the people they murdered? Oh that's right, they have none because they are dead. They should be glad that the US requires a unanimous verdict for guilt. A lot of countries only require a simple majority for a conviction. Besides, I thought the whole point of having the judge be allowed to overrule a jury's death recommendation was to take care of cases where they did not think the jury had recommended death justly. I don't consider myself to be too terribly liberal, but I am all for punishing people for crimes adequetely. I am sorry, but when you kill a little girl, that is a death penalty case. Of course, I also believe that if you rape a little kid you should have your sex organs removed so maybe I am not the best person to weigh in on this issue.

Does the American Bar Association have these issues with the death penalty laws in Texas?

Stepping down now.