Florida Corrections Commission
FLORIDA STATE UNIVERSITY
SCHOOL OF CRIMINOLOGY AND CRIMINAL
JUSTICE
DANIEL MAIER-KATKIN, DEAN
January 1999
| EXECUTIVE SUMMARY | |
| RESEARCH METHODOLOGY | |
| HISTORY AND BACKGROUND OF THE DEATH PENALTY IN FLORIDA | |
| The Numbers since 1974 | |
| Time of Direct Appeals | |
| Executions | |
| Postconviction Cases with at Least One Ruling on the Merits by the Florida Supreme Court | |
| PRIOR LEGISLATIVE AND JUDICIAL ATTEMPTS TO REDUCE DELAYS | |
| Anti-Terrorism Act and Effective Death Penalty Act of 1996 | |
| 1996 Florida Legislative Action | |
| 1998 Florida Legislative Action | |
| Florida Supreme Court Action | |
| Commission on Legislative Reform of Judicial Administration | |
| ANALYSIS AND CONCLUSIONS | |
| I. Does the Florida Legislature Have the Authority Eliminate State Postconviction Proceedings in Capital Cases? | |
| II. Does the Florida Legislature Have the Authority to Eliminate the State Funding of State Postconviction Proceedings in Capital Cases? | |
| III. Have there Been Reductions in Delays because of Legislative and Judicial Attempts to Set Limits Related to Postconviction Filings? | |
| IV. Does the Florida Legislature Have the Authority to Set an Absolute Limit of One State Postconviction Proceeding per Death-Row Inmate? | |
| APPENDIX A - | Inmates Currently on Death Row & Time on Death Row |
| APPENDIX B - | Copies of the Reports of the Shevin and McDonald Commissions |
| APPENDIX C - | Direct Appeals of Inmates Currently on Death Row per Supreme Court Log |
| APPENDIX D - | Analysis of Time between the End of Direct Appeal and Filing of First Postconviction Pleading for Inmates Currently on Death Row |
| APPENDIX E - | Letter from Chief Judge Joseph W. Hatchett, 11th Circuit Court of Appeals, Dated March 25, 1998 |
| APPENDIX F - | Analysis of Length of State and Federal Postconviction Proceedings for Inmates with Postconviction Proceedings that Were Reviewed on the Merits by the Florida Supreme Court per Supreme Court |
| APPENDIX G - | Analysis of Postconviction Cases for Inmates with Postconviction Proceedings that Were Reviewed on the Merits by the Florida Supreme Court |
| APPENDIX H - | Post-Furman Florida Capital Cases where Relief Was Granted in Postconviction and the Defendant Was not Resentenced to Death & Chart of 20-Case Sample of Postconviction Proceedings from these Cases |
| APPENDIX I - | Time Frames for Persons where Relief Was Granted in Postconviction and the Defendant Was not Resentenced to Death |