Fact Issues - Death Penalty

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Subsequent studies agree with Resnick’s Classification of Motives in Maternal Filicide Cases

Subsequent studies have agreed on a commonality of motives in cases of maternal filicide.[8] These motives are: (1) the mother’s mental illness, often seen as “pathological,” “acutely psychotic,” or “mentally ill” killings, (2) lack of bonding with the child, manifested as “neonaticide,” “unwanted child,” or “ignored pregnancy” deaths, and (3) inadequate parenting, resulting in “accidental,” “discipline-related,” or “neglect” deaths.

Recent Studies Look Not Only at Motive, but at the Nature of the Mother-Child Relationship

Recent studies focus on more than just the motive, but on the nature of the mother-child relationship. Forensic psychiatric evaluations of women criminally charged with the deaths of their children found the following characterizations of the mother-child relationship: abusive / neglectful mothers, psychotic / depressed mothers, retaliatory mothers, psychopathic mothers, and detached mothers.
Continue Reading In Depth Look: Filicide is Different – 2

The mitigating circumstances that can apply in any given first degree murder case are those set forth in Florida Statute § 921.141(6):

1. § 921.141(6)(a): The defendant has no significant history of prior criminal history.

2. § 921.141(6)(b): The capital felony was committed while the defendant was under influence of extreme mental or emotional disturbance.…

At the outset, death is different.

In State v. Dixon, 283 So. 2d 1 (Fla. 1973), the Supreme Court of Florida upheld the constitutionality of the death penalty statute. The court found that “death is unique punishment in its finality and in its total rejection of the possibility of rehabilitation.” As such, the court confirmed that it was the intent of the legislature to reserve application of the death penalty “only to the most aggravated and least mitigated of the most serious crime.” Accordingly, the Florida Legislature put into place a special process with safeguards so that the death penalty is applied properly after conviction of a capital crime.

Multi-Step Process Between Conviction and Imposition of the Death Penalty

A separate multi-step process exists between conviction and the imposition of the death penalty. After a defendant is found guilty of a capital offense subject to the death penalty, the first step is a second trial to determine whether death will be imposed. At this trial, the jury hears evidence concerning aggravators, circumstances that weigh toward death, and mitigators, which weigh in favor of mercy.

The defense and prosecution can present new evidence supporting these circumstances. The jury then makes a sentencing recommendation based on these aggravators and mitigators. Florida, unlike many other states, does not require that the death recommendation be unanimous. A simple majority, a single person, is all it takes for a recommendation of death.

The Fifteen Aggravating Circumstances As Defined by Florida Statute

The aggravating circumstances that can apply in any given first degree murder case are limited to those set forth in Florida Statute § 921.141(5). These circumstances are limited to fifteen possible aggravators:
Continue Reading In Depth Look: Death in Florida