Spaziano v. Florida
Encyclopedia
Spaziano v. Florida, was two United States Supreme Court
cases dealing with the imposition of the death penalty. In the first case, 454 U.S. 1037
, (1981), the Supreme Court, with two dissents, refused Spaziano's petition for certiorari
. However, the Florida Supreme Court
would reverse Spaziano's death sentence based on the judge's receipt of a confidential report which was not received by either party. On remand, the judge reimposed the death penalty and the Florida Supreme Court upheld the sentence.
In the second case, the court heard Spaziano's appeal of his death sentence.
had expired on them when Spaziano refused to waive the statute of limitations. The jury convicted Spaziano and recommended a sentence of life imprisonment. Florida law makes the jury's recommendation merely that, a recommendation, and requires the judge to examine the aggravating and mitigating factors and thus gives the judge the power to override the jury and impose the death penalty.
Spaziano's death sentence was upheld.
The decision in Spaziano allowing the judge to override a jury's recommendation of life and substitute death has essentially been overruled by Ring v. Arizona
. Spaziano may still hold, however, and Ring may not be applicable in death penalty states where the jury has no part in setting the punishment and only the judge does so.
Stevens, Brennan and Marshall concurred in the majority opinion and dissented in part, holding that they felt that imposition of the death penalty against the wishes of the jury violates the Eighth Amendment to the United States Constitution
.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
cases dealing with the imposition of the death penalty. In the first case, 454 U.S. 1037
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
, (1981), the Supreme Court, with two dissents, refused Spaziano's petition for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
. However, the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
would reverse Spaziano's death sentence based on the judge's receipt of a confidential report which was not received by either party. On remand, the judge reimposed the death penalty and the Florida Supreme Court upheld the sentence.
In the second case, the court heard Spaziano's appeal of his death sentence.
Facts
Spaziano was tried for first-degree murder, but the court refused to offer lesser non-capital offenses as the statute of limitationsStatute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
had expired on them when Spaziano refused to waive the statute of limitations. The jury convicted Spaziano and recommended a sentence of life imprisonment. Florida law makes the jury's recommendation merely that, a recommendation, and requires the judge to examine the aggravating and mitigating factors and thus gives the judge the power to override the jury and impose the death penalty.
Issues
1. Was the judge in error for not advising the jury that it could consider lesser non-capital offenses? 2. Is a jury's determination not to impose capital punishment final? 3. If a judge is imposing a death sentence after a jury imposition of life imprisonment, does this violate the double-jeopardy clause? 4. Is a judge imposition of death over-riding a jury decision of life imprisonment violating the constitutional requirement for reliability of capital sentencing?Result
Since the non-capital offenses were not lesser-included offenses of the crime to which Spaziano was charged, it was not error for the court to refuse to offer them to the jury (in the absence of Spaziano waiving the statute of limitations). Florida law giving the trial court the power to over-ride a jury recommendation of life and impose the death penalty is not unconstitutional, in that there is nothing irrational or arbitrary about this method.Spaziano's death sentence was upheld.
The decision in Spaziano allowing the judge to override a jury's recommendation of life and substitute death has essentially been overruled by Ring v. Arizona
Ring v. Arizona
Ring v. Arizona, , is a case in which the United States Supreme Court applied the rule of Apprendi v. New Jersey, , to capital sentencing schemes, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. Ring overruled a portion of...
. Spaziano may still hold, however, and Ring may not be applicable in death penalty states where the jury has no part in setting the punishment and only the judge does so.
Dissents
White and Rehnquist concurred in general, and dissented in part on the majority holding that a state must allow the defendant to waive the statute of limitations where there is the possibility of a lesser charge.Stevens, Brennan and Marshall concurred in the majority opinion and dissented in part, holding that they felt that imposition of the death penalty against the wishes of the jury violates the Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
.