Opposition to SJR 124 -
Cruel and/or Unusual Punishment

                                                                                                                February 2, 2001

The Honorable Locke Burt
420 Senate Office Building
Tallahassee, FL 32399-1100

Re: Opposition to SJR 124 - Cruel and/or Unusual Punishment

Dear Senator Burt:

   We are opposed to this proposed constitutional amendment for the following reasons:

1.  If adopted, SJR 124 would elevate the death penalty to constitutional status, making it the only criminal penalty provided for in our Constitution.  In doing so, it ignores the present alternative in Florida law providing for life imprisonment without parole.

2.  The amendment changes present constitutional prohibition against "cruel OR unusual punishment" to "cruel AND unusual punishment," relating to all crimes, not just the death penalty.  This is a significant change that goes well beyond the death penalty and it is also one that will adversely impact the ability to determine proportionality in death penalty crimes committed in different parts of the state.

3.  The amendment would inevitably increase the numbers of death sentences in Florida, as well as the number of prisoners on death row.

   We are at a time in history when almost every nation in the Western World has abandoned Capital Punishment.   We are among the growing numbers who believe that the death penalty needs to be repealed in Florida.  If an amendment is to go forth, we urge that it include the following issues:

a.  A ban on racial bias in death sentences;

b.  A requirement for unanimous jury recommendation before a death sentence can be entered (almost every other state in the Union that still practices the death penalty has this provision).

c.  A ban on death sentences for the mentally retarded.

   Senator Burt, respectfully we urge that this joint resolution be withdrawn or defeated in committee.   If it does continue to the Senate Floor, we ask the committee to amend it as suggested above.

                                                                                                                Respectfully yours,



                                                                                                                D. Michael McCarron
                                                                                                                Executive Director

DMMc:dk

cc:   President John McKay
        Chairman Alex J. Villalobos
                And Members of the Senate Criminal Justice Committee
        Charles Canady, General Counsel, Office of the Governor
        Thomas A Horkan, Jr. Esq.
        Steven Emmanuel, Esq.
        Lauran C. Stroffolino, Associate for Respect Life