What Is the Punishment in Florida for First-Degree Manslaughter?
Florida statutes prohibit the unlawful killing of another person. The state defines manslaughter as premeditation or occurring during the act of another crime, such as robbery. The punishment a defendant receives depends on the degree of murder with which he is charged. For example, a person convicted of second degree murder may receive a prison term that doesn’t include life in prison. A defendant convicted of first degree murder receives one of two possible punishments.
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Punishment
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First degree manslaughter in Florida is a capital felony. A defendant can receive either death or life in prison. A sentence of death isn’t automatic. The state has a procedure to determine if a defendant receives life or death. A defendant who receives a life sentence isn’t eligible for parole. If, at any time, Florida revokes the death penalty, a defendant who receives the death penalty receives a life sentence.
Trial
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Florida conducts a separate sentencing procedure to determine whether a defendant receives a life or death sentence for first degree murder. Under state statute 921.141, the defendant receives a second trial before jurors. During the trial, the defendant or defendant’s lawyer and the state present an argument for or against the sentence. Typically, the court allows relevant evidence regarding the defendant’s character, crime and any mitigating or aggravating circumstances. Mitigating circumstances include the defendant not having a prior criminal history or if he acted in duress when committing the crime. Aggravating circumstances involve if the defendant has another capital felony conviction and if he committed the crime during another criminal act, such as robbery.
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Death or Life
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During deliberation, the jury recommends life or death. The jurors, however, don’t provide the final sentence. The judge must include the jury’s recommendation and weigh the aggravating and mitigating circumstances of the case. The judge can set aside a jury’s recommendation of death and impose a life sentence. When, however, the judge agrees, she must provide in writing her findings. The findings are based on two facts: the sufficient aggravating circumstances and insufficient mitigating circumstances that outweigh the aggravating ones.
Considerations
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The recommendation of death penalty automatically generates a Supreme Court of Florida review. The court, however, must provide specific written findings of fact to support imposing the death penalty within 30 days. The document includes facts mitigating and aggravating circumstances outlined in statute 921.141 sections five and six. When the court doesn’t provide the findings, then a defendant receives a life sentence as detailed in statute 775.082.
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References
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