After some preliminary research, I have decided to focus on two issues pertaining to the use of the death penalty in Florida. The first is the use of "death-qualified" juries. The second is a bill signed into law by Governor Rick Scott that was designed to shorten the length of time between the sentence of death and the imposition of the death penalty.
Thesis: While the decision to apply the death penalty is already a complex one, the state of Florida has made it even more complex and has increased the likelihood of an innocent man being executed both by policies on the trial-level that increase the likelihood of defendants being convicted and sentenced to death and by adopting procedures that reduce the time between the imposition of the death sentence by the trial judge and the actual execution.
Note that this thesis is an argument that can be supported or refuted with evidence.
Sample Outline
I. Florida uses only death-qualified juries.
A. "Death-qualified" means that every juror on the panel must be willing to support the death penalty in at least some instances.
B. Those who oppose the death penalty as a matter of principle are barred from juries hearing murder trials.
C. Thus, the defendant is denied a jury that represents the entire spectrum of views on the death penalty.
D. Some research shows that juries consisting of only "death-qualified" jurors may be prone to convict than non-death-qualified juries.
II. Other Florida policies pertaining to the death penalty:
A. All other states except Delaware that use the death penalty require that the jury be unanimous in its decision to impose the death sentence.
B. Florida requires that only ten of the twelve jurors vote to impose the death penalty.
C. All jurors, though, must agree on the aggravating factors that led them to recommend a death sentence.
D. This set of laws is an improvement on previous Florida laws that were struck down by the U.S. Supreme Court as unconstitutional. Under the old law, only a majority of jurors had to agree to the death penalty.
F. Florida death penalty laws have been struck down twice on the grounds that they violated a defendant's right to a trial by jury.
G. However, the status of persons sentenced to death under the old laws remains in dispute.
III. Shorter time frames for appeals.
A. Although many provisions of Florida law have been struck down, some provisions remain.
B. The law also mandates shorter time frames for appeals.
C. The law also requires reports to the states on the progress of appeals, placing additional burdens on lawyers, many of whom are either working pro bono or are working for understaffed, under-funded organizations that oppose the death penalty.
D. The potential repercussions of this procedure becomes apparent when considering the fact that 24 people sentenced to death have been exonerated and released. A shorter time frame for executions would have increased the chances of innocent people to prove their innocence.
IV. The governor has barred prosecutors who oppose the death penalty from participating in murder cases.
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