Florida’s New 8-4 Death Penalty Law Is Being Tested on Older Cases
As reported by the South Florida Sun Sentinel (via Corrections1), Florida’s new death penalty law is already being tested in serious, older cases in Broward County. The new statute, signed on April 20, allows judges to impose a death sentence if at least 8 out of 12 jurors recommend death—no longer requiring a unanimous 12-0 vote.
Broward Circuit Judge Martin Fein has ruled that the new law is constitutional, applies to crimes committed before it was passed, and that jurors must be instructed about the 8-vote threshold. His ruling came in the case of Clarck Paul, accused of murdering two men in separate shootings less than an hour apart. Prosecutors are also seeking to use the 8-4 standard in the high-profile case of Jamell Demons, better known as rapper YNW Melly, who is accused of killing two fellow rappers and staging the crime scene as a drive-by.
The article explains that Florida’s death penalty law has shifted multiple times over the last decade. After the U.S. Supreme Court found the prior scheme unconstitutional in 2016 for giving too much power to judges, the state moved to a unanimous 12-0 jury requirement in 2017. Under that law, several notable defendants—including Nikolas Cruz, the Parkland school shooter—avoided execution. A more conservative Florida Supreme Court later decided unanimity was not required, and the Legislature ultimately responded with the current 8-4 standard, driven in part by public outrage over the Cruz verdict.
Defense attorneys expect significant legal challenges, particularly over whether applying this new, harsher standard to older crimes is permissible. Lindsay Chase, president of the Broward Association of Criminal Defense Lawyers, notes that much will turn on whether courts view the change as substantive or procedural, and on how both the Florida Supreme Court and the U.S. Supreme Court—now more conservative than in 2016—interpret the law. She also points out that defense lawyers may have stronger grounds to challenge the law when it is used to impose death for crimes other than murder, especially in older cases.
Source: South Florida Sun Sentinel, “New Fla. death penalty law gets applied to old cases,” May 8, 2023.
Why This Matters If You’re Facing Capital or Serious Felony Charges in Florida
This article underscores how quickly the legal landscape can shift for defendants facing the most serious charges—and how those changes can reach back into older cases. When a judge applies a new death penalty standard retroactively, it can dramatically increase the risk a defendant faces at trial, even if the alleged crime occurred years before the law changed.
For anyone charged with a qualifying offense where the State might seek the death penalty—or where the law around sentencing is in flux—having a skilled Florida criminal defense attorney is crucial. Your lawyer may need to:
Challenge whether the new law can legally apply to your case, especially if your alleged conduct pre-dates the statute.
Raise constitutional arguments grounded in both Florida and U.S. Supreme Court precedent.
Preserve these issues for appeal, where conflicts between trial judges or appellate courts may ultimately be decided.
If you or a loved one is facing capital charges or a serious felony where sentencing rules have recently changed, you should not try to navigate these shifting legal standards alone. Talk with an experienced Broward County criminal defense lawyer who understands Florida’s evolving death penalty laws and knows how to protect your rights at trial and on appeal.
