Scott needs to go and will not get this Floridian's vote, ever. Ms. Ayala for governor of Florida!
15
We, Floridians, have put up with a thief far too long. ACA medicaid was denied to many in this state because of Scott. He turned down $$ from Obama to build a quick route from Orlando to Tampa (that $$ went to California after Scott denied Florida the opportunity). FL has the lowest payment amount for the unemployed ($250.00 pr week) and one of the shortest payment times for the unemployed (23 weeks). Returning to Texas is the only thing he should do, for the good of Florida. His conflict of interest with medical companies is well known & handing it off to his wife is very Trumpian.
17
If the state kills the murderer, does that make the victim of the murder any less dead?
9
Governor Scott should have served time for when he was CEO of Columbia/HCA about a decade ago, when the hospital company was fined $1.7 billion for Medicare fraud. Instead, Floridians elevated him to governor.
15
Ms Ayala was irresponsible in totally voiding the option of employing the death penalty.There are situations where it may be indicated.I am opposed to it in most cases but it should not be completely off the table,and could provide leverage in plea bargaining by the state.The governor acted properly.
3
In the reign of Trump angry conservative white men like Rick Scott can finally let loose their rage and call it law. Jeff Sessions will back them up against any challenge.
13
A gent in my writing workshop class defended Pitts and Lee on appeal after they were found guilty in Florida in the 1960’s, case though 1970’s. Two black men were charged with killing a convenience store store clerk and the uproar and lies astounding. He is now writing about it, first person as it happened.
Today he read the beginning of the defense in Sept. of 1968, the request for a retrial, still has a ways to to go but we are all mesmerized, taken back to the days that undoubtedly still exist in Florida. His account shows his amazement, the bigotry, the purposeful coverups and captures the time. And if the death penalty had been carried out, two innocent men would have died.
Today he read the beginning of the defense in Sept. of 1968, the request for a retrial, still has a ways to to go but we are all mesmerized, taken back to the days that undoubtedly still exist in Florida. His account shows his amazement, the bigotry, the purposeful coverups and captures the time. And if the death penalty had been carried out, two innocent men would have died.
18
Another example of the endless demeaning assaults on Blacks in power by White racists who can't even see or comprehend their racism.
10
Hmmm! As much as dislike the death penalty and would argue for its lawful removal as a form of punishment, this strikes me as a prosecutor who doesn't believe in the rule of law, but instead sees it as her duty to enforce her personal opinion. Reliance upon personal opinion led to former California Chief Justice Rose Bird being removed from the bench. She disagreed with the laws in place and refused to enforce them. The voters were right to remove her and other justices from the court because it had become rule by judges rather than laws. Like the right judge Learned Hand, "For myself it would be most irksome to be ruled by a bevy of Platonic Guardians, even if I knew how to choose them, which I assuredly do not."
7
Gov. Scott made the right call. In fact, there are other cases in the district that he needs to intercede as the State's Attorney wont pursue capital punishment at all.
If the prosecutor will not uphold the law, she should be removed from office.
The fact that she intentionally was deceitful during the election is a character flaw. She is not fooling anyone.
If the prosecutor will not uphold the law, she should be removed from office.
The fact that she intentionally was deceitful during the election is a character flaw. She is not fooling anyone.
13
He either has authority or he doesn't, this should be a quick court decision, not a political debate.
I am a death penalty opponent, and no fan of the Florida governor. But capital punishment is the law, and whether it should be the law is a question for the voters. Ms. Ayala has the discretion whether to seek the death penalty on a case by case basis, based on the facts of each case. She does not have the authority, however, to abolish on her own the death penalty as Florida law. That's a matter for legislatures and voters to decide.
11
She isn't abolishing anything. She just isn't seeking it out. Not the same thing at all. Also, if the voters are outraged, they can vote her out. The option of a death penalty remains whoever is DA.
14
There is a certain similarity between the cases of Ayala and Kim Davis. Davis did not want to do something which violated her conscience and Ayala does not want to do something which violates hers.
If you approve of one but not the other then let me suggest that you might be politically biased.
If you approve of one but not the other then let me suggest that you might be politically biased.
4
Commenters who argue that Ms. Ayala is rewriting the law, or failing to enforce it, fail to recognize an important fact about what she actually did. She made a statement about her intention never to seek the death penalty--but that public statement does not stop her from changing her mind in the future. The law grants prosecutors wide-ranging discretion for a reason, because legislators cannot predict and account for every possible set of facts that may arise under a particular law. This is a crucial element of our justice system, which Governor Scott has brazenly ignored, setting a dangerous example for politicization of the courts. That's far worse than Ms. Ayala simply making her thoughts public about how she evaluates her responsibility under the law to exercise discretion.
15
No, this is not a prosecutor's independent discretion. By claiming that she will in no case seek the death penalty--not even if you kill your girlfriend and a cop, not even if you slaughter an entire family--Ms. Ayala is unilaterally abolishing the death penalty. That is far beyond her authority.
As for the oft-repeated point that the death penalty does not deter crime, no penalty would deter crime if it were imposed 30 years after sentencing. The same people who file endless appeals then claim that the death penalty is expensive and ineffective, like someone who pulls the brakes on a train every half mile and then complains that they don't run on time. We need to shorten the appeals process and give swift justice to multiple murderers.
As for the oft-repeated point that the death penalty does not deter crime, no penalty would deter crime if it were imposed 30 years after sentencing. The same people who file endless appeals then claim that the death penalty is expensive and ineffective, like someone who pulls the brakes on a train every half mile and then complains that they don't run on time. We need to shorten the appeals process and give swift justice to multiple murderers.
5
It coninues, a refusal by a government employee to enforce the law. She should be removed from office, not have her workload unfairly distributed to others.
8
You didn´t read the article, did you? She didn´t refuse to enforce the law because is not mandatory to ask for the death penalty. Please, read the article carefully and then give your opinion.
10
I don't see that she's refusing to enforce the law. There is no law in Florida or any other state that REQUIRES the death penalty. If her constituency is on board with her position, then the governor has no business interfering in her county.
11
Facing a term limit, Scott intends a senatorial run in 2018. But, this is the style of cynical stunt that could find him getting hammered on Election Day in Central Florida, Tampa and Miami.
6
Governor Scott shows great disrespect for a black woman prosecutor. If she were a white man, would this have happened? The judicial system should be out of bounds for a governor to interfere with. Scott himself oversaw the largest Medicare fraud in U.S. history. It has always been a mystery that he was even elected in Florida.
When the majority of the citizens in Florida prefer life imprisonment to the death penalty, the governor - like many Republican politicians - is disconnected from majority views. Particularly in a state like Florida which has a history of racial bias on the death penalty, this should be handled with caution. Florida with its ALEC driven gun laws has a high homicide rate. 88% of experts dispute that executions deter crimes. https://deathpenaltyinfo.org/documents/FactSheet.pdf
This is not really a death penalty issue though: the governor is discriminating against a prosecutor for being a black woman and has turned this political.
When the majority of the citizens in Florida prefer life imprisonment to the death penalty, the governor - like many Republican politicians - is disconnected from majority views. Particularly in a state like Florida which has a history of racial bias on the death penalty, this should be handled with caution. Florida with its ALEC driven gun laws has a high homicide rate. 88% of experts dispute that executions deter crimes. https://deathpenaltyinfo.org/documents/FactSheet.pdf
This is not really a death penalty issue though: the governor is discriminating against a prosecutor for being a black woman and has turned this political.
12
Oh, please. Stop pretending that this whole dust up is anything but political posturing by all parties - Scott, Ayala and Bracy.
There is not a shred of evidence that the death penalty ever saved anyone's life in this country. No defendant ever said, "Well, I was going to off the jerk. Then, I thought, 'No, I could get the needle for first degree'. So, I just shot him in both knees to show how much I disrespected him but feared the death penalty."
Life without parole is no deterrent, either, but it is a long, slow death sentence for the most heinous of murderers. Many lifers would probably opt for a quick end after years of incarceration.
Scott and Bracy are obviously playing to the ballot box, and I would bet that Ayala will soon be looking for greener elected pastures.
If she wants to dictate public policy, let her seek to do so in the legislative process, not from the prosecutor's table. After all, there are probably a lot of prosecutors who have an unwritten policy of not seeking the death penalty under any circumstances. They just don't publicly spout their personal political agendas.
There is not a shred of evidence that the death penalty ever saved anyone's life in this country. No defendant ever said, "Well, I was going to off the jerk. Then, I thought, 'No, I could get the needle for first degree'. So, I just shot him in both knees to show how much I disrespected him but feared the death penalty."
Life without parole is no deterrent, either, but it is a long, slow death sentence for the most heinous of murderers. Many lifers would probably opt for a quick end after years of incarceration.
Scott and Bracy are obviously playing to the ballot box, and I would bet that Ayala will soon be looking for greener elected pastures.
If she wants to dictate public policy, let her seek to do so in the legislative process, not from the prosecutor's table. After all, there are probably a lot of prosecutors who have an unwritten policy of not seeking the death penalty under any circumstances. They just don't publicly spout their personal political agendas.
4
STATE POLITICS
" MARCH 31, 2017 5:49 PM
Where did $1.3 billion for affordable housing go? Florida Legislature took it.
This year, the trust funds will collect about $292 million for affordable housing from the documentary stamp taxes on real estate transactions. The draft Senate budget released last week allocates $162.4 million of the funds into affordable housing while the House and Gov. Rick Scott propose spending even less of the proceeds on housing — $44 million."
On local news this AM: Under the Scott administration, 1.3 Billion dollars has been removed from the Affordable Housing Fund which is financed by a fee from real estate transactions. Of the 200 million left in the fund, they are now trying to remove 160 million to make up for deficits! Scott is a corporate pig.
" MARCH 31, 2017 5:49 PM
Where did $1.3 billion for affordable housing go? Florida Legislature took it.
This year, the trust funds will collect about $292 million for affordable housing from the documentary stamp taxes on real estate transactions. The draft Senate budget released last week allocates $162.4 million of the funds into affordable housing while the House and Gov. Rick Scott propose spending even less of the proceeds on housing — $44 million."
On local news this AM: Under the Scott administration, 1.3 Billion dollars has been removed from the Affordable Housing Fund which is financed by a fee from real estate transactions. Of the 200 million left in the fund, they are now trying to remove 160 million to make up for deficits! Scott is a corporate pig.
7
There are undoubtedly very heinous crimes and circumstances that calls for the death penalty. On the other hand, while living in Florida, I recall the cases of Jerry Frank Townsend and Frank Lee Smith. Both men were sentenced to death and remained on death row where Mr. Smith died. It was later found out that neither was guilty of the offense of rape and murder they had been convicted of due to eye witness testimony. When asked if justice had been served by keeping the men locked up for decades only to be exonerated by DNA, governor Jeb Bush said sometimes stuff happened. I was there in Sunrise Florida when he said that. We have undoubtedly killed innocent people. I recall the case of a man who was executed in Texas for a fire that he claimed he never started. That man lost his family and then got killed. Who can forget some white woman who claimed some black guys stole her children? Only to be found out to have lied, that she actually drove her SUV into a lake? And you wonder why educated black men like me flee at the sight of police and stay the hell away from any situations where a white woman may say we looked at them the wrong way? White America please wake up. The injustices you fail to see are real. I have 5 degrees and I am not a criminal. Yet I live in constant fear of being wrongly accused and jailed because of the color of my skin. It is not right that I refuse to leave the house after 9PM. It is not right that I am 45 and never been to a nightclub due to fear.
30
In my opinion, Ms. Ayala was unwise -- if courageous -- to announce her plans as a blanket matter. She could likely just not have SOUGHT the death penalty in each individual case as it came in front of her, within her exercise of discretion. It might have been a long time, maybe forever, before she was outed.
4
Rick Scott is a healthcare executive. Does anyone expect compassion from a healthcare executive? If so, there's this bridge in Brooklyn I'd like to sell you.
11
What happened to "the punishment must fit the crime?" There are a lot of "statements" being made about the death penalty on these posts with nothing to prove them. Aside from Gary Gilmore, I don't see convicted murderers asking for the death penalty because life imprisonment is too harsh. Furthermore they can kill again while in prison or if they manage to escape. There's free bites from the apple if all that happens is to return to prison. Do we want life imprisonment for mass shooting murders like what happened in San Bernadino, Orlando, a school in Connecticut and a movie theater in Colorado to name a few? What about a contract hit man?
2
Rick Scott is a lawbreaker himself. When he was CEO of HCA, a hospital company, he knowingly defrauded Medicare of hundreds of millions of dollars. Underlings were punished, took the fall, for him.
13
The Republican Party in Washington argue for States Rights on the premise that the states are the "laboratories of democracy" but in fact they are in too many cases the laboratory for destruction of Democracy.
Let them decide how elections should be run was one argument. Justice Scalia saw protection of that right as involving what claimed was "black privilege." So he was front runner for nullification for officials have consistently made false claims of voter fraud.
Florida's descent into the rabbit hole of DixieCan GOP politics continues. Reflecting this prosecutor's view of her voters turns out to be Anathema to Rick Scott and the rabid right in Florida.
Every step forward by moderate or progressive officials brings out the undemocratic impulses in the reactionary GOP that wants what never was.
People - voters - need to understand that the GOP has become a subversive organization to every aspect of American politics and governance.
Let them decide how elections should be run was one argument. Justice Scalia saw protection of that right as involving what claimed was "black privilege." So he was front runner for nullification for officials have consistently made false claims of voter fraud.
Florida's descent into the rabbit hole of DixieCan GOP politics continues. Reflecting this prosecutor's view of her voters turns out to be Anathema to Rick Scott and the rabid right in Florida.
Every step forward by moderate or progressive officials brings out the undemocratic impulses in the reactionary GOP that wants what never was.
People - voters - need to understand that the GOP has become a subversive organization to every aspect of American politics and governance.
Capital Punishment absolutely deters crime. The criminals that are rightly executed for their crimes can never commit another crime. End of story.
1
I am against the death penalty. But if she won't do the job, which includes charges death penalty cases, then she should resign. Period. Governors who are against the death penalty also sign off on the orders...because it is the law. She should be removed, not just have cases taken away from her.
2
Bracy makes a persuasive case that Scott's actions here are wrong. But he doesn't even try to argue that this is either "vengeance" or "retaliation" or that Scott is trying to "punish" Ayala, and I believe it is inaccurate to describe Scott's actions this way.
Scott obviously wants state prosecutors to preserve the option of seeking the death penalty and to be willing to apply it. Whether you think he's right or wrong on the legal, moral and practical issues, this doesn't seem to be about punishing Ayala as much as it is forcing this policy on all prosecutors in the state.
I'm a little surprised that the NYT didn't insist on changes to this op-ed piece. Bracy undermines an otherwise excellent editorial by implying that this is some sort of personal beef between Scott and Ayala.
Scott obviously wants state prosecutors to preserve the option of seeking the death penalty and to be willing to apply it. Whether you think he's right or wrong on the legal, moral and practical issues, this doesn't seem to be about punishing Ayala as much as it is forcing this policy on all prosecutors in the state.
I'm a little surprised that the NYT didn't insist on changes to this op-ed piece. Bracy undermines an otherwise excellent editorial by implying that this is some sort of personal beef between Scott and Ayala.
I'm in favor of the death penalty in some cases. However, I think governor Scott is over reaching his authority and once again, Republicans going against the will of the people. Another example, is how the Republican legislature in North Carolina enacted legislation to strip the new Democratic governor, Roy Cooper of certain powers which is currently being litigated. Ms. Ayala brings up valid points in her argument to not use the death penalty in murder cases, some I agree with and others I don't. But, Ms. Ayala was voted in to office by the people of her district and if they have a problem with the way she litigates cases in their community, they can take it up in the next election and not leave it up to a Governor who disagrees with her stance. Once again, it's an example of the Republican party trying to marginalize voters.
22
A very well articulated article. Thank you.
The fact that Rick Scott is already running for the Senate in 2018 against Senator Nelson cannot be disregarded here. EVERYTHING he does is all about that. He's trying to turn out the Right-Wing base. It is despicable to use such an important issue to advance his own self-serving ambitions. But sadly, I am not surprised.
On the hopeful side, I also believe that this same Rick Scott signature dictator behavior, results in a large turn out of the level-headed Floridians against him. Then maybe we can be done with him in Florida!
The fact that Rick Scott is already running for the Senate in 2018 against Senator Nelson cannot be disregarded here. EVERYTHING he does is all about that. He's trying to turn out the Right-Wing base. It is despicable to use such an important issue to advance his own self-serving ambitions. But sadly, I am not surprised.
On the hopeful side, I also believe that this same Rick Scott signature dictator behavior, results in a large turn out of the level-headed Floridians against him. Then maybe we can be done with him in Florida!
23
The reason I oppose the death penalty and support Ms. Ayala's position is that we don't get it right 100% of the time. Plenty of innocent people have been exonerated after being sentenced to death.
Arguments that the death penalty is a deterrent or a cost savings measure are weak or just plain wrong. The only reason people want to keep the death penalty is their lust for revenge against the guilty, and willingness to kill the innocent in the process.
I'd rather let 99 monsters live so to avoid killing 1 innocent.
Arguments that the death penalty is a deterrent or a cost savings measure are weak or just plain wrong. The only reason people want to keep the death penalty is their lust for revenge against the guilty, and willingness to kill the innocent in the process.
I'd rather let 99 monsters live so to avoid killing 1 innocent.
18
If the prosecutor does not believe in the full range of punishments authorized by law, that is a private matter. But announcing her intention in advance not to seek the death penalty throws away an important tool, if for no other use, than as a bargaining chip for plea bargain.
Grandstanding like she did is unacceptable. She needs a new line of work.
Grandstanding like she did is unacceptable. She needs a new line of work.
2
This is about Rick Scott establishing his "tough on crime" cred as anything else. Rick Scott is climbing the ladder and if other people get hurt, that's too bad. Take a look as his history.
6
A working definition of a professional is someone who, when you hire them to do a job, tells you why they're not going to do it the way you want it done.
Here's a prime example of it, and the inevitable consequences.
Here's a prime example of it, and the inevitable consequences.
1
she was "hired" by the people not emperor scott. Scott obviously thinks he is the dictator of all he purveys. The Florida Constitution (which he never read) calls for separation of powers like the Federal Government. He is executive and especially since he is not a lawyer but an unconvicted felon he has no authority to interfere with the judicial branch. Let the voters decide like they will when he runs for senate. No One is above the law. By the way, state attorney is a JOB but an elected position and government is not a corporation, than god!
please please vote. Help save our democracy.
please please vote. Help save our democracy.
3
She (Ayala) is doing what she thinks is right and he (Scott) is doing what he thinks is right.
Ayala has a right to have her conscience but she does not have the right to override the will of the people of Florida.
Ayala has a right to have her conscience but she does not have the right to override the will of the people of Florida.
1
Mr. Scott was elected by the people of Florida. Elections (often won by the narrowest of margins) have consequences. In a Democracy, we must reconcile which issues are so important, which decisions are so critical, and which choices are so irreversible in their outcomes that a simple majority (which can change the next election cycle) should be the factor.
It is not her job to effectively legislate from the bench. If she is opposed to the death penalty, she should choose another position, unless she is prepared to weigh all of the options considering all of the circumstances, including the wishes of families of victims. I don't see it as her right to heap her personal beliefs onto families of victims.
1
I voted for Rick Scott and I agree with him on this matter.
1
Embroiling the state in decades worth of appeals is a waste of money.
2
How is this even legal? A Governor can, by executive fiat, strip an independently elected state official of power(s)?
3
45's despotic disregard for the legal process has inevitably filtered down to the state level. It will only get worse.
4
And exactly why didn't she make her "brave" opposition to the death penalty known to the voters before the election, and let them render a verdict on her beliefs? Ms. Ayala isn't a principled elected official- she's simply a fraudulent one.
3
Republicans excel at vengefulness.
(I'm looking at you, Senators.)
(I'm looking at you, Senators.)
3
Rick Scott - 1st class criminal himself - friend of Trump- running for US Senate,
Help stop this brazen corrupt politician/businessman.
Help stop this brazen corrupt politician/businessman.
7
The "death penalty" as it is applied in the United States today is a mere political talking point, because of the ineffective nature of the punishment itself, added to the extra tax dollars used in the appeals process. Sadly, politics and the law intersect, as we are seeing with this fellow Sessions as the "top cop". Governor Scott has the right to "have prosecutors in his pocket" an use them to fit his political agenda, even to the extent of having his political enemies investigated. This is nothing new. More government prosecutors have lost their jobs over politics than anything else. She should have seen this one coming from a mile away.
1
I honestly support the death penalty as a necessary option to have (if not its current application and distribution), but it is scientifically verified that it is not a criminal deterrent and has no effect on recidivism. I also recognize that it's no small decision as a prosecutor, judge, or juror to advocate and participate in the termination of another human being's life.
Ayala is not violating any law. If her constituents have an issue with her politics, they can recall her or vote her out. However, for a governor to step in and override a lower elected official's completely legal actions is both ridiculous and dangerous. There's a reason states have districts and local governing bodies: so that people can get a say in how their localities are managed and governed. The state governor has *literally* no right or authority to forcibly ignore the decision of this district's constituents simply because he doesn't like an elected official's politics.
Ayala is not violating any law. If her constituents have an issue with her politics, they can recall her or vote her out. However, for a governor to step in and override a lower elected official's completely legal actions is both ridiculous and dangerous. There's a reason states have districts and local governing bodies: so that people can get a say in how their localities are managed and governed. The state governor has *literally* no right or authority to forcibly ignore the decision of this district's constituents simply because he doesn't like an elected official's politics.
4
A individual prosecutor certainly has the discretion not to seek the death penalty in an individual case, and dfferent prosecutors might have very different opinions about how that discretion should be exercised. But the decision as to whether the death penaly should ever be sought is up to the legislature, which has determined that the death penalty is appropriate in at least some cases. I don't know if there is any proceedure in Florida for removing a prosecutor short of the next election, but this prosecutor should be subject to removal for refusing to follow the law as written, as any other prosecutor should be.
8
As an attorney who defended two individuals charged with capital crimes, I loathe the death penalty. I see what it does to the families of the victims, to the system itself, to the attorneys trying the cases, and to the jurors who are burdened with the awesome and terrible responsibility of deciding whether someone should live or die. That having been said, this prosecutor is not exercising her discretion; in fact, quite the opposite. She is pre-judging all cases and refusing to apply a law as it is written. This is nullification, and a usurpation of the process. If she feels she cannot seek the death penalty for any case, no matter how heinous, she should either resign as a prosecutor, or work to have the law repealed, or both.
15
Where in the article does it suggest that the prosecutor will not seek a guilty verdict if warranted? What she is doing is not pre-judging. You may pre-judging in implying, without knowing a single case on the docket, that some of those verdicts by "law" require death penalty treatment.
1
The victims' families want justice. They don't want sickening thugs walking the streets and killing more people.
This editorial illustrates another fundamental conflict, that is, the conflict between Republican state governments and the Democratic, urban areas within those states. For all the preaching about self-rule and small government, the states cannot help but meddle with government in those cities. I would bet Ms. Ayala represents the viewpoint and values of her constituents--far better than Governor Scott does. Her prosecutorial discretion should be respected. If the voters do not like how she has handled her office, it is up to the voters to choose a new prosecutor. Governor Scott should not usurp that role from the voters.
27
I support the death penalty for heinous murders. But this governor is a political hack who caters to a debased political base, and his actions are only in the best interest of him and not the state. The prosecutors in this state were dumb enough to turn the Casey Anthony case into a capital murder trial, which undoubtedly sank the possibility of a conviction there. Scott could ask for the attorney general to review the cases for an opinion if the should be reassigned, but trust Pam Bondi's opinion on capital cases? She once asked to have an execution postponed for a fundraiser. The governor's office should stay out of this.
17
Scott is totally out of line here. First degree murder is punishable by either life without parole or death at the total discretion of the state's attorney. Period. It is within her discretion which punishment to seek. And what will happen is that ultimately any death penalty case that should have been prosecuted by her and granted at the discretion of whomever Scott assigns the case to, will be appealed up to the gazoo and most likely will never be carried out. We all know that so why are we wasting our time just like the vast overwhelming majority of the felons on Florida's death row will never be executed. It's just such a waste of time and resources.
3
It might be helpful, to put the issue into some sort of perspective,
if we look back at the case where mandatory Death Penalties for
Prisoners serving Life Terms, who killed in Prison, was overturned.
The case involved Raymond Shuman.
Convicted in 1958 of killing a Truckdriver in a Robbery in Nevada
he got into a dispute with fellow inmate Ruben Bejano over whether
a nearby window should be open or closed.
Shuman settled the argument by setting Ruben Bejano on fire
a fire that caused 3rd Degree Burns over 90 % of his body.
Bejano told authorities that Shuman had set him on fire.
Upon investigation Shuman was found to have burns on his body
and Lighter Fluid on his hands and clothing.
Bejano died in the hospital 3 days later.
Justice Blackmun, whom one may presume never served time in Prison,
let alone had his whole body set on fire and then lingered in agony for
three days, wrote the opinion, 1987, stating that it was against the 8th Amendment
- Either Cruel or Unusual or Both -
for Shuman to automatically be given
the Death Penalty for committing murder while serving a Life Sentence.
If you are against the Death Penalty for Murderers when there is no doubt
of their guilt and the savagery of their crime, why are you not against
Life Sentences ?
Why and when it was decided that Murderers should die relatively painless
deaths ?
Most of us will not die painless deaths, we will linger for hours, days, months
in agony before we die.
Are not all punishments vengeful ?
if we look back at the case where mandatory Death Penalties for
Prisoners serving Life Terms, who killed in Prison, was overturned.
The case involved Raymond Shuman.
Convicted in 1958 of killing a Truckdriver in a Robbery in Nevada
he got into a dispute with fellow inmate Ruben Bejano over whether
a nearby window should be open or closed.
Shuman settled the argument by setting Ruben Bejano on fire
a fire that caused 3rd Degree Burns over 90 % of his body.
Bejano told authorities that Shuman had set him on fire.
Upon investigation Shuman was found to have burns on his body
and Lighter Fluid on his hands and clothing.
Bejano died in the hospital 3 days later.
Justice Blackmun, whom one may presume never served time in Prison,
let alone had his whole body set on fire and then lingered in agony for
three days, wrote the opinion, 1987, stating that it was against the 8th Amendment
- Either Cruel or Unusual or Both -
for Shuman to automatically be given
the Death Penalty for committing murder while serving a Life Sentence.
If you are against the Death Penalty for Murderers when there is no doubt
of their guilt and the savagery of their crime, why are you not against
Life Sentences ?
Why and when it was decided that Murderers should die relatively painless
deaths ?
Most of us will not die painless deaths, we will linger for hours, days, months
in agony before we die.
Are not all punishments vengeful ?
2
Prison culture breeds violent criminal tendencies in people who might never have had such an inclination, such as drug users or other petty criminals who never killed nor injured anyone. It's called "prisonization." Raymond Shuman's behavior both prior to and while in prison indicates that he was probably a psychopath, unlike most prisoners, and should've been in an institution for the criminally insane.
1
workerbee,
And if Mr. Shuman killed again in the Institution for the Criminally Insane, what would you do with him ?
And if Mr. Shuman killed again in the Institution for the Criminally Insane, what would you do with him ?
I disagree with those who say the death penalty is only about bloodlust or revenge. It's about politics. How else do you explain why a Democrat would ever be in favor of it? It's about votes. That's the real crime.
2
The death penalty is an act of revenge, pure and simple, and civilized countries recognize that fact.
5
I personally am against the death penalty, but the way to deal with that is to have the law changed by the state legislature or a referendum, not a prosecutor imposing her personal beliefs.
1
Thank you, Mr. Bracy, for your persuasive and informative piece. Well done!
3
This is purely racial politics. The black prosecutor and this black lawyer don't want black murderers to be subject to the death penalty regardless of the will of the majority of Floridians. I think the governor made the right decision.
1
Predispositions about race can mollify issues, moral and legal, that are otherwise difficult for some people to absorb.
1
Predispositions about race can mollify options about difficult issues, both moral and legal,
The author is clearly making it about race:
"As a black man, I see the death penalty as a powerful symbol of injustice in which race often determines who lives and who dies, especially in Florida."
"As a black man, I see the death penalty as a powerful symbol of injustice in which race often determines who lives and who dies, especially in Florida."
Seeking the death penalty has always been a capricious proposition. Some prosecutors seek it whenever they have a set of facts that, if proven, satisfy the statutory requirements for imposition of the penalty. Other prosecutors reserve it for a small number of cases that, in their view, cry out for the ultimate punishment.
1
Ms. Ayala clearly has a moral issue here, but I detect a real double standard: how is it that she can nullify Florida's capital punishment law because of her convictions about its efficacy, but a less well-situated Floridian who might decide not to celebrate Adam and Steve's "nuptials" by lending his/her professional floral/photographic/musical/printing skills would be excoriated, hounded, fined, found in "ethical" violation if not guilty of a hate crime, etc. At least theirs are private services: she is hired to act on behalf of the execution of laws in the State of Florida. Don't necessarily say I disagree with her: just wanna know why she's being lionized on the op-ed page but a less well-positioned (and liberal) Ayala the Florist would certainly be excoriated.
4
The death penalty does not work, it deters nothing. And there have been proven cases where the innocent have been killed by the state in its overreach. It is time for a national ban on capital punishment. Then when a governor or a different kind of prosecutor reveals his blood lust, their more base instincts would be reigned in by a higher and more moral law.
2
"It deters nothing"? Ever seen an executed murderer who killed again?
An incarcerated killer knows he has nothing to fear from a "life sentence only" system. How many additional life sentences need be awarded before he decides he ought to stop?
An incarcerated killer knows he has nothing to fear from a "life sentence only" system. How many additional life sentences need be awarded before he decides he ought to stop?
The death penalty is a perfect punishment administered by a wildly imperfect justice system. Too often we have seen prisoners exonerated by new evidence or a confession. What ratio of innocent/guilty are we willing to accept in our executions?
3
The loopholes differed depending on subject and monetarily value. Beholding the charges are irrelevant when a Governor strike it down, this coming from the same man who's own questionable shady past is not such a concern?
My argument today is to question laws to buckle up, yet children in a school bus fly around like sheets of paper in an accident as the bus lacks seat belts? The R's voted against this in Florida, I question; aren't children valued?
My argument today is to question laws to buckle up, yet children in a school bus fly around like sheets of paper in an accident as the bus lacks seat belts? The R's voted against this in Florida, I question; aren't children valued?
3
Unbelievable! Simply unbelievable. I try to come up with rational, thoughtful comments in these threads, but the degree of official, mindless bile that passes these days for policy is unspeakable. I do not recognize my country any more, especially because our body politic votes for this self-defeating venom.
In Russia, citizens don't have the choice. Here, we do, and this is how we use our privilege.
www.endthemadnessnow.org
In Russia, citizens don't have the choice. Here, we do, and this is how we use our privilege.
www.endthemadnessnow.org
3
I am against the death penalty. I am in favor of the prosecutor's action within our existing legal system.
HOWEVER that system should be changed to eliminate both the death penalty and prosecutorial discretion. It shouldn't depend on the local prosecutor whether there is a prosecution, what the charge is and what the punishment is. It should depend upon the law and the facts. There should a principal of legality that denies prosecutors discretion in all but the most minor crimes. That's the law elsewhere. It helps assure a rule of law. There is no place for a governor to redirect lawful process. Judges and prosecutors are in this sense independent and subject only to law.
HOWEVER that system should be changed to eliminate both the death penalty and prosecutorial discretion. It shouldn't depend on the local prosecutor whether there is a prosecution, what the charge is and what the punishment is. It should depend upon the law and the facts. There should a principal of legality that denies prosecutors discretion in all but the most minor crimes. That's the law elsewhere. It helps assure a rule of law. There is no place for a governor to redirect lawful process. Judges and prosecutors are in this sense independent and subject only to law.
1
About two thirds of Floridians don’t want their government to engage in murder (which is the more accurate description, albeit politically incorrect, of cold-blooded executions.) This governor is arrogant enough to conclude that his judgment is superior to that of the judicial system. His reputation for corruption and incompetence is well deserved, as he demonstrates it from time to time.
It is time for Floridians to get rid of both, their governor and their deeply stained death penalty law.
It is time for Floridians to get rid of both, their governor and their deeply stained death penalty law.
48
The author supports a very dangerous concept. Citizens expect public employees to follow the law. Stretching the concept of prosecutorial discretion to mean refusing to ever implement certain laws on the books renders the concept meaningless. That is not discretion, but contempt for citizens and the law. This ttype of overreach should be rejected by people of all political views.
Would the author support a prosecutor refusing to prosecute those charged with crimes against undocumented immigrants because the prosecutor opposes their presence in the country? Did the author also supported the clerk in Kentucky who refused to issue marriage licenses to same-sex couples?
Those who object to laws should work to change them, but in a country that purports to be based on the will of the people, subverting the will of the people by refusing to do your job should result in losing that job.
Would the author support a prosecutor refusing to prosecute those charged with crimes against undocumented immigrants because the prosecutor opposes their presence in the country? Did the author also supported the clerk in Kentucky who refused to issue marriage licenses to same-sex couples?
Those who object to laws should work to change them, but in a country that purports to be based on the will of the people, subverting the will of the people by refusing to do your job should result in losing that job.
15
Yes, refusing to do your job should result in losing that job, but it ought to be up to the people who elected Ayala to make that decision. She was not elected a life-long term.
Keep in mind that she didn't refuse to prosecute Loyd. By all reports he's a bad actor who deserves being removed from society. It seems he should be punished for his crimes if convicted. Death is an option under Florida law, but it's not the only option.
Keep in mind that she didn't refuse to prosecute Loyd. By all reports he's a bad actor who deserves being removed from society. It seems he should be punished for his crimes if convicted. Death is an option under Florida law, but it's not the only option.
1
I support Ayala in this and believe she should have judicial discretion to not seek the death penalty if she so chooses, however people should know that her election was the result of a large contribution by George Soros and that Governor Scott is playing politics with this issue because he plans to run for U S Senate against the Democrat Bill Nelson. Sadly, peoples lives are at steak.
Most of us know that those so called "pro life" folks are not pro life.
8
Completely disagree on this issue. First, I believe that the voters were not made aware of her stance prior to the election. Regardless, although there is plenty to criticize this governor for, this is not one of the reasons. One can easily use that headline and then discuss his refusal to expand Medicaid for political reasons at the expense of Floridians. On this issue, however, most fortunately all the other factors are removed that would normally severely cloud the matter at hand. The officer and assailant are both black as is the State Attorney. The officer was assassinated and her family supports the death penalty against the killer. Rick Scott is right.
2
The election of Trump has embolded most other ignorant bullies and fascist wannabes in the world of politics, and in society generally. Folks like Rick Scott, and the governor of my own state, Paul LePage (Maine), are now showing their true colors. Look out for what else is coming down the road!
6
It is not Gov. Scott that stood up and say that the state law was incorrect and would not be exercised.
The one that seems to have done the grandstanding here is the state attorney taking actions she was never authorized to take.
The one that seems to have done the grandstanding here is the state attorney taking actions she was never authorized to take.
1
Florida has the death penalty. There is no such thing as prosecutorial nullification: I don't like the law, I don't carry it out. Mr. Ayala is welcome to her five minutes of fame. But the Governor did exactly what he should have done, just as the President did when a certain Sally Yates (remember her for her five minutes of fame) decided she was going to pursue her own law. She is now free to do that--as a private citizen.
3
So the law is...? As for Yates, she was carrying out the law. At least so far a lot of federal courts agree with her.
3
Another authoritarian creep. He's been a repulsive, dangerous thorn in the side of decency for years. Run for governor, SA Ayala!
5
What do you expect from a state that says it is OK when you are upset to STAND YOUR GROUND and then follow someone and kill them... we all remember Trevon.
She should run for governor!
She should run for governor!
6
The Stand Your Ground law is absurd, but the Treyvon Martin case was not a Stand Your Ground case. That guy Zimmerman, who shot Martin, was a troublesome guy. So was Martin, although he has been advertised as some kind of cute young teen age saint. There was evidence that Martin attacked Zimmerman - he jumped Zimmerman and was beating him.
I never believed that Zimmerman should have shot and killed Martin. Zimmerman used his weapon, when he could should have been able to fight him off, run or at least fight him off enough to be able to escape. But Zimmerman was a physical marshmallow, and like a lot of gun carriers in Florida, he took out his artificial piece of manhood and shot and killed Martin.
Martin is dead because he attacked a guy who has a substantially flawed character and didn't have the courage to fight off a teenager.
The Stand Your Ground law is causing a lot of problems, including giving criminals and others a cheap excuse for violence - the ex cop in the movie theater is a prime example.
However, if you want to be honest about this, and many don't, the Treyvon Martin case is not about the Stand Your Ground law. It was not used as a defense in this case. It is just what happens if you are foolish enough to attack a jerk who is packing a gun.
I never believed that Zimmerman should have shot and killed Martin. Zimmerman used his weapon, when he could should have been able to fight him off, run or at least fight him off enough to be able to escape. But Zimmerman was a physical marshmallow, and like a lot of gun carriers in Florida, he took out his artificial piece of manhood and shot and killed Martin.
Martin is dead because he attacked a guy who has a substantially flawed character and didn't have the courage to fight off a teenager.
The Stand Your Ground law is causing a lot of problems, including giving criminals and others a cheap excuse for violence - the ex cop in the movie theater is a prime example.
However, if you want to be honest about this, and many don't, the Treyvon Martin case is not about the Stand Your Ground law. It was not used as a defense in this case. It is just what happens if you are foolish enough to attack a jerk who is packing a gun.
1
I voted for Ayala, not because she was female or black, but because she was about to shine some light in an office that needed a fresh perspective. Please note that no one is talking about how she cleaned house. Play by the rules or leave is her rule. Governor Scott should be removed from office. Hope he shot himself in the foot on this one.
11
"Vengeful"? Or law abiding? Politics or judicial and prosecutorial overreach? The courts and attorney generals have been taking matters into their own hands, attempting to make law and policy, often against the will of the people. Kudos to Governor Rick Scott for taking a strong stand in upholding what he believes to be lawful and what the people have voted for.
3
I thought the people voted for her.
4
"I thought the people voted for her."
Indeed they did. Too bad Ms. Ayala abused their trust and deceived them by never mentioning during the campaign her intent to never pursue the death penalty.
Indeed they did. Too bad Ms. Ayala abused their trust and deceived them by never mentioning during the campaign her intent to never pursue the death penalty.
1
If Ms. Ayala had during her campaign said she would not apply a capricious death penalty --she would have been elected anyway according to Central Florida polling results. If she had been elected having made this clear the Governor would still have removed her because nothing would have changed. If she had not stated her opinion openly that the death sentences is expensive, delays closure and is capriciously applied but rather prosecuted the case without making clear her views then no one would have interfered with her right as a prosecutor. If the death penalty did not have an awful history of being applied gratuitously and not achieving its intended purpose...but of course history is history.
There are no teachable moments in this story. Because Floridians have been historically unwilling to confront the wrongs intrinsic in the law all of the subsequent wrongs proceed... Ayala was honest and correct and addressed the problem in a reasonable way. She is being punished for this. She was also an elected professional and acting within her mandate to interpret the law. Snyder is wrong. But then he usually is wrong.
There are no teachable moments in this story. Because Floridians have been historically unwilling to confront the wrongs intrinsic in the law all of the subsequent wrongs proceed... Ayala was honest and correct and addressed the problem in a reasonable way. She is being punished for this. She was also an elected professional and acting within her mandate to interpret the law. Snyder is wrong. But then he usually is wrong.
2
Why is it that so many Republicans in power are such horrible human beings?
13
Because the people who vote for them are as well.
9
More power to Ms Ayala !!
Death penalties are expensive and do not deter crime; if they did, we'd know of it by now, as death penalty and torture have been the norm for thousands of years!!
Death penalties are expensive and do not deter crime; if they did, we'd know of it by now, as death penalty and torture have been the norm for thousands of years!!
3
The same effect could-or might have been obtained (were she not fired)- had she simply said: "As the states attorney,(prosecutor),I will forcefully recommend the death sentence and implementation of the death penalty, in those cases where it is the appropriate punishment.
or something similar. "Ultimate severity in punishment need be reserved for the most heinous crimes and the most incorrigible prisoners, in order that it retain its fearsome prospective terror."
or something similar. "Ultimate severity in punishment need be reserved for the most heinous crimes and the most incorrigible prisoners, in order that it retain its fearsome prospective terror."
Good Boy Rick, who extracted a vast fortune from Medicare without ever seeing a patient, is not one to let a golden opportunity to slip through his mitts. Eyeing a Senate seat, this drama will be soon appearing in campaign adverts, described as "Scott fights liberal prosecutors who would loose cop killers on us all'.
3
Republicans are the law and order party until they don't like the law.
5
especially when they are not lawyers and are ignorant of the law.
Most death penalty opponents also want to end life without parole sentences.
I'm stunned by the "logic" of many commentators. Comments like "her job is to enforce the law", preceded by apologies like "I'm a liberal", or "I'm black", or "Governor Scott is bad", are puzzling, to say the least. Add to this the argument that class judgments (e.g. "at this time in history, in the state of Florida, the death penalty is not effective and shouldn't be pursued") are for some reason not allowed... it can be hard to know what the point of being an educated person is.
Concerning the death penalty, state laws either allow it, or prohibit it. Where allowed, the death penalty is no different than any other allowable activity. For instance, the president of the United States is allowed to veto any or all bills. He can state that he will veto ALL bills. He can state that he will NEVER veto ANY bills. He is elected based on trust in his judgment.
Ayala's job is to use her judgment in legally enforcing the law. Scott's job in this case is to not interfere with the legal will of the people who elected Ayala, given that she is fulfilling her duties with distinction. Ergo, Scott's actions here are not only heinous, they are presumably illegal.
Concerning the death penalty, state laws either allow it, or prohibit it. Where allowed, the death penalty is no different than any other allowable activity. For instance, the president of the United States is allowed to veto any or all bills. He can state that he will veto ALL bills. He can state that he will NEVER veto ANY bills. He is elected based on trust in his judgment.
Ayala's job is to use her judgment in legally enforcing the law. Scott's job in this case is to not interfere with the legal will of the people who elected Ayala, given that she is fulfilling her duties with distinction. Ergo, Scott's actions here are not only heinous, they are presumably illegal.
5
People love arguments like "welp, it's the law!" Makes it easier for them to not think another minute about whatever subject is being discussed. The lazy way out.
1
It has long been said that personal beliefs should not hold sway by public officials. Ms. Alaya has violated those principles by her blanket refusal to consider the death penalty, (rightly or wrongly -- another discussion), in all cases brought to her office. And the operative word here is all -- including police, fire, and other rescue personnel.
If state law permits the death penalty then, as a public servant, she should have at least considered its application. The Governor's actions were in concert with this exclusion of personal belief.
If state law permits the death penalty then, as a public servant, she should have at least considered its application. The Governor's actions were in concert with this exclusion of personal belief.
6
She swore to uphold the laws of Florida. It is NOT for her to determine which laws she prosecutes and which laws she ignores. IF she has an issue with a law, then either quit or work to change the law. Her opinion of any law is irrelevant.
4
"Understandably, the issue of how to punish people who kill police officers remains highly charged, especially among law enforcement officials."
Governor Scott is acting under the influence of the law enforcement lobby which promotes the death penalty and the social hierarchy which places the perceived value of a police officer's life above that of ordinary citizens. The influence of the police over the decisions of high-level government officials is evidence that the U.S. is a police state.
Governor Scott is acting under the influence of the law enforcement lobby which promotes the death penalty and the social hierarchy which places the perceived value of a police officer's life above that of ordinary citizens. The influence of the police over the decisions of high-level government officials is evidence that the U.S. is a police state.
7
I must have a sixth sense. I always know that a crook in politics will do something that does not serve the public interest. I can't help it; I guess I was born that way.
4
As someone who opposes the death penalty and strongly opposes Rick Scott, it is not up to Ms. Ayala to determine the laws of the state of Florida. If you decide to NEVER seek the death penalty, that is not prosecutorial discretion because there is no discretion being applied. We seem to have devolved into a situation where individuals, cities and entire states can decide by which laws they will and will not abide. Her role is to uphold the law. It is most certainly not her job to determine what the laws are.
9
"There are no federal or state laws that say prosecutors must seek death sentences. And the United States Supreme Court has banned all state laws that make executions mandatory for murders."
As the state attorney, Ms Ayala has discretion to not seek the death penalty, or to seek it. The law allows her the freedom to choose. Governor Scott, acting as a law-and-order tyrant on behalf of the police lobby, wishes to get rid of her because her choice offends both him and the police lobby.
As the state attorney, Ms Ayala has discretion to not seek the death penalty, or to seek it. The law allows her the freedom to choose. Governor Scott, acting as a law-and-order tyrant on behalf of the police lobby, wishes to get rid of her because her choice offends both him and the police lobby.
8
Ms. Ayala is an elected official, just like the governor.
She made a political calculation/decision that renouncing the death penalty, regardless of circumstances and inconsistently with the Florida statutes, is advantageous to her career.
The governor is simply trying to insure that prosecutions are consistent with long standing Florida laws, enacted by the legislature.
And not, the governor is not presuming that the defendants should be executed.
He is insuring that a prosecutor will look at the facts, seek the death penalty if appropriate, and that *a jury* after hearing all the evidence and all the mitigating factors, will then decide if the death penalty is the appropriate punishment, post conviction.
It is Ms. Ayala who went rogue. The can not ignore the will of the Florida legislature in prescribing the range of appropriate punishments for crime.
She made a political calculation/decision that renouncing the death penalty, regardless of circumstances and inconsistently with the Florida statutes, is advantageous to her career.
The governor is simply trying to insure that prosecutions are consistent with long standing Florida laws, enacted by the legislature.
And not, the governor is not presuming that the defendants should be executed.
He is insuring that a prosecutor will look at the facts, seek the death penalty if appropriate, and that *a jury* after hearing all the evidence and all the mitigating factors, will then decide if the death penalty is the appropriate punishment, post conviction.
It is Ms. Ayala who went rogue. The can not ignore the will of the Florida legislature in prescribing the range of appropriate punishments for crime.
13
......and The Governor looks so helpless and ineffective. And HE IS ineffective. However, as demonstrated, he can be not only vengeful but he can act as a lifetime Republican Trump Junior clone. Stand back, America .....we are in DEEP trouble for the next few years before impeachment......
3
This is a tough one because the issue is about race and only race, African-American to be specific. Fighting to protect their flock, and doing so admirably well.
One would think the author's lead on requiring unanimous juries for DP would be sufficient, because it effectively gives African-Americans a veto on all death penalty cases. Otherwise, the only way to impose DP would be to exclude blacks from juries, nigh impossible. So with that victory behind them, why go one step further, decline to even put it on table?
Because when juries fail on granting DP, the votes will inevitably fall along identifiable racial lines, and because of no anonymity, with potential for consequences outside the jury room. Better if juries didn't have DP in the first place, no vetoes invoked, no fear of consequences. In other words, best if the prosecutor just chucked that hot DP potato at the very outset, instead of baking it until after conviction, then lobbing it to the jury.
So that's what's going on here. Blacks demanding preferential treatment for everyone: convict, prosecutor and jury. Protecting their flock all the way, never mind the crime, never mind the victim. The question is, how does it help? It won't of course. Death penalty in Florida has already moved from the courthouse to the residence with Stand Your Ground. With the addition of race-based exclusion on DP, it'll move everywhere else.
Any winners? Yes, the NRA. Bang, bang, you're dead. Sorry.
One would think the author's lead on requiring unanimous juries for DP would be sufficient, because it effectively gives African-Americans a veto on all death penalty cases. Otherwise, the only way to impose DP would be to exclude blacks from juries, nigh impossible. So with that victory behind them, why go one step further, decline to even put it on table?
Because when juries fail on granting DP, the votes will inevitably fall along identifiable racial lines, and because of no anonymity, with potential for consequences outside the jury room. Better if juries didn't have DP in the first place, no vetoes invoked, no fear of consequences. In other words, best if the prosecutor just chucked that hot DP potato at the very outset, instead of baking it until after conviction, then lobbing it to the jury.
So that's what's going on here. Blacks demanding preferential treatment for everyone: convict, prosecutor and jury. Protecting their flock all the way, never mind the crime, never mind the victim. The question is, how does it help? It won't of course. Death penalty in Florida has already moved from the courthouse to the residence with Stand Your Ground. With the addition of race-based exclusion on DP, it'll move everywhere else.
Any winners? Yes, the NRA. Bang, bang, you're dead. Sorry.
3
Rick Scott is only following precedent for a governor of Florida. Remember how Jeb Bush, the supposedly rational and sane candidate of last year's field, shoved his big, meddling nose into the middle of a family's private decision about end of life care for Terri Schiavo? When courts ruled against his executive order, he vindictively ordered the state Attorney General to investigate Schiavo's husband to see whether he could be charged in relation to the collapse that put Schiavo into a coma. The AG rightly refused to call this an "investigation," but undertook an inquiry and found no basis for criminal charges.
1
The main reason the death penalty is ineffective is because death penalty opponents have made it so. In the 1880's when James Garfield was assassinated, less than one year elapsed between the shooting and the execution of Garfield's assassin. Can anyone imagine that happening today?
Of course prison time doesn't deter murderers any more than the death penalty does. So I guess we shouldn't imprison murderers either.
Of course prison time doesn't deter murderers any more than the death penalty does. So I guess we shouldn't imprison murderers either.
1
Rick Scott is a deplorable governor. This latest move to eliminate the independence of state prosecutors is only the latest action to lash out against what he perceives to be his political opponents. I'm sure that sounds familiar to those watching news from Washington. While Obama was president he also cruelly denied Medicar expansion to many poor Floridians on the feeble excuse that the Federal Government might not pay for it as they said they would. Was this done to spite President Obama? You bet it was.
5
Not a surprising development in the land of Gore v Bush, and Stand Your Ground.
52
At least FL is solvent. More than I can say for CT.
Interesting thought. But don't you think that they would try to make it harder to execute someone who has committed murder just in case they
a) murdered a policeman and
b) claimed the Stand Your Ground as defense.
After all, anyone can buy a police uniform and say they are a cop.
a) murdered a policeman and
b) claimed the Stand Your Ground as defense.
After all, anyone can buy a police uniform and say they are a cop.
1
But for the likes of China, Iraq, Iran and Saudi Arabia America could lead the world in executions as it does in imprisonment. That being said as long as execution is legal in any state any elected or selected public law enforcement official must follow the law. Any prosecutor who can not do so should honorably resign. I am opposed to the death penalty as a private citizen.
4
One purpose of diversity is for society to benefit from a diversity of ideas. The prosecutor recognized a problem others did not.
3
I don't agree with Rick Scott on much, but on this I agree with him. It is not the job of a prosecutor to set law. That is the job of legislators and judges. One prosecutor making her own decisions on jurisprudence means that two virtually identical crimes in the same state could be punished very differently, without any basis in even pseudo-democratic processes.
5
As a Floridian of long standing (67 of my 76 years), governor Scott's assumption of executive authority over an important part of the judicial system comes as no surprise. But such potential overreach as this is particularly egregious. Ms. Ayala doesn't - or shouldn't - "serve at the pleasure of the governor". She was duly elected by Central Floridians like me (in Orlando) who knew full well that she was at the very least "dubious" about the efficacy of the death penalty as a deterrent to capital crimes, and said so openly during her campaign.
(As a barometer of Central Florida's political leanings, Orange County - Orlando's location - voted for Hillary Clinton over Trump by a margin of 60% to 35%. Perhaps that fact influenced Scott's remarkable move.)
So by what right or governmental logic does a chief executive have to overrule the will of the electorate as expressed in the polling booths? By that logic, President Trump could "remove" Senator Chuck Schumer from office because he doesn't like the way he votes!
As for the astonishingly gerrymandered Florida GOP-dominated Legislature, any hope of passing legislation limiting the governor's powers in this regard is a "broken reed" at best.
(As a barometer of Central Florida's political leanings, Orange County - Orlando's location - voted for Hillary Clinton over Trump by a margin of 60% to 35%. Perhaps that fact influenced Scott's remarkable move.)
So by what right or governmental logic does a chief executive have to overrule the will of the electorate as expressed in the polling booths? By that logic, President Trump could "remove" Senator Chuck Schumer from office because he doesn't like the way he votes!
As for the astonishingly gerrymandered Florida GOP-dominated Legislature, any hope of passing legislation limiting the governor's powers in this regard is a "broken reed" at best.
6
Governor Scott is gearing up for a Senate run. A felonious health care career has served him well.
5
Hmm, i don't support the death penalty, but capitol punishment is constitutional and if state law provides for that penalty it is appropriate to expect that prosecutors will seek it. A decision to never seek the death penalty goes far beyond the limits of prosecutorial discretion. The stat attorney in question needs to find a new line of work, or move to a state without the death penalty.
5
So Ayala is granted 'broad' (as in limitless) discretion, but the Governor has no authority? And all bleeding heart liberals oppose the death penalty until an egregious act occurs against someone dear to them. If ever a case deserved the death penalty this is it. Get over it.
8
Rule of law is now ignored since 45 took over. Scott is emboldened by this "I rule" mentality. This guy has been shady from his CEO days. It doesn't surprise me at all that he "fired" an elected official without due process.
3
Remember Nixon and the Saturday night massacre? Ignoring the law and bing dictatorial must be in their genes.
1
What a surprise, more Republican dirty tricks. Their swamp is huge.
4
Governor Scott, this country's most psychotic governor
A key aspect of this discussion is being glossed over: whether what Ms. Ayala announced is, in fact, an exercise of her discretion. It is not.
Ms. Ayala, in essence, announced that she would not seek the death penalty, though the law allows for it, in any murder case, pending or forthcoming, known or unknown, under any set of facts, probable or improbable, conceivable or inconceivable. That is not discretion.
Discretion is reaching a decision based on the KNOWN facts. If Ms. Ayala were simply to choose not to seek the death penalty in every case assigned to her--that would be discretion. You could disagree with her conclusion, but it would be reached based on her beliefs AND the KNOWN facts in that case. With her announcement, she has eschewed any consideration of the facts in future cases that--absent a crystal ball--are now unknown or yet to develop. That is the very absence of discretion.
We can all engage in a reasonable debate about whether Governor Scott's actions are an exercise in executive overreach. And we can debate whether what Ms. Ayala did is not only appropriate in the normative sense, but, more importantly, as a public official. What cannot be part of that debate, however, is any suggestion that Ms. Ayala was exercising discretion--she could have, but her chosen course of action is anything but.
Ms. Ayala, in essence, announced that she would not seek the death penalty, though the law allows for it, in any murder case, pending or forthcoming, known or unknown, under any set of facts, probable or improbable, conceivable or inconceivable. That is not discretion.
Discretion is reaching a decision based on the KNOWN facts. If Ms. Ayala were simply to choose not to seek the death penalty in every case assigned to her--that would be discretion. You could disagree with her conclusion, but it would be reached based on her beliefs AND the KNOWN facts in that case. With her announcement, she has eschewed any consideration of the facts in future cases that--absent a crystal ball--are now unknown or yet to develop. That is the very absence of discretion.
We can all engage in a reasonable debate about whether Governor Scott's actions are an exercise in executive overreach. And we can debate whether what Ms. Ayala did is not only appropriate in the normative sense, but, more importantly, as a public official. What cannot be part of that debate, however, is any suggestion that Ms. Ayala was exercising discretion--she could have, but her chosen course of action is anything but.
7
This is the corrupt Rick Scott's opening salvo for election to senator from Florida in 2018. He's term limited for Governor, thank goodness.
The clueless Floridian who have twice barely elected him to Governor should be beware that he is a syncopant with our present president Donald Trump. He refused to take federal funds for Medicaid expansion, for poor Floridians while having to pay over a billon dollars for defrauding Medicaid. He's poisoned Florida waters, refused federal monies for high speed rail between Orlando and Tampa. has a slush fund that claims promotes Florida tourism and much more.
I hope Rick Scott goes back to Texas, whence he came after he loses the election for the Florida senate seat in 2018.
The clueless Floridian who have twice barely elected him to Governor should be beware that he is a syncopant with our present president Donald Trump. He refused to take federal funds for Medicaid expansion, for poor Floridians while having to pay over a billon dollars for defrauding Medicaid. He's poisoned Florida waters, refused federal monies for high speed rail between Orlando and Tampa. has a slush fund that claims promotes Florida tourism and much more.
I hope Rick Scott goes back to Texas, whence he came after he loses the election for the Florida senate seat in 2018.
5
So he's corrupt for following state law??????
4
I agree with the bulk of what you wrote, but I have one bone to pick: Rick Scott is not from Texas; he was born in downstate IL, went to UMKC, and got his law degree at SMU in Dallas.
We have enough corrupt Ricks in Texas; we have Rick Perry.
We have enough corrupt Ricks in Texas; we have Rick Perry.
3
He is running for president. He can be just as big a crook as lil' donnie as scott has shown repeatedly in his life by defrauding medicare and medicaid. He didn't expend medicaid in Florida because he couldn't get a cut of the money. Lock him up.
"will of the people"......"rightly argued".......baloney; this is a State's Attorney who is not following the law and announcing that she will not follow the law to consider the full range of punishment adopted by the State of Florida for given crimes. She deserves to be impeached.
Is this what our country has become? A banana republic where each person/jurisdiction decides which laws it may or may not follow? Cities and Counties announcing that they will not comply with and follow United States Immigration law; this attorney rejecting the punishment range provided by the legislature.....this is not a slippery slope; this is a cliff with a long precipitous fall.
Is this what our country has become? A banana republic where each person/jurisdiction decides which laws it may or may not follow? Cities and Counties announcing that they will not comply with and follow United States Immigration law; this attorney rejecting the punishment range provided by the legislature.....this is not a slippery slope; this is a cliff with a long precipitous fall.
The right wing, mostly Republican, is authoritarian leaning. Anyone who disagrees with them gets punished. From the President on down they are a vengeful crew. Although we are not under an authoritarian government yet we are definitely on that path. If voters don't start turning out soon to vote for a change in direction the right wing will have gerrymandered state districts and restricted voting rights to the point where there will be no way to turn them around. If you want to keep a democracy you have to participate in it.
7
Ms Ayala, do not be deterred by this attack on your judicial discretion. We need more people like you who are willing to act with intelligence and rationality.
6
Guessing Rick Scott is also "pro-life" (at least, when it comes to overriding a citizen's choice about her own body while it's got a fetus in it)? Guessing he's also vehemently opposed to black women having any power?
Mario Cuomo was a lot of things, and I didn't agree with some of what he said and did, but his position on the death penalty was solidly rooted in the kind of Christian morality that today's evangelical, Christian-ish Republicans can't even imagine. They look to the entire Bible for guidance, when it's the New Testament messages of Jesus that should be their guideposts.
4
No mention of the fact that Ayala, when running for office, made absolutely NO MENTION of her opposition to capital punishment. Weren't the voters entitled to this information in order to make an informed choice? A true phantom candidate.
Her campaign was largely funded by George Soros, whose dictates she is following.
jasper
Her campaign was largely funded by George Soros, whose dictates she is following.
jasper
6
Jasper, got any sources for your Soros claim? And do you realize how many politicians --including Rick Scott -- are "largely funded" by the huge right-wing network of the Koch brothers & their many affiliated zillionaires? Does that bother you at all?
1
To hear Republican conspiracy nuts tell it, Soros must have spent a hundred billion in the past year alone. No wonder he's late with my check for protesting and marching!
2
Source (Orlando Sentinel): http://www.orlandosentinel.com/opinion/os-ed-aramis-ayala-overreach-mark...
jasper
jasper
About ten years ago I assisted the prosecution in a federal criminal case in the Eastern District of Washington. The Assistant U.S. Attorney who convicted a gang of eight terrible people recommended lighter sentences than had been the case for similar crimes committed elsewhere, in earlier times. I remember that he would sometimes remind us that he worked for the Department of Justice, not the "Department of Prosecutions." Punishment was only one of several factors in his decisions during the end-stages of the case.
As best as the AUSA could, he tried to keep bias, prejudice, and revenge out of the sentencing process. I do not think Governor Scott is similarly concerned.
As best as the AUSA could, he tried to keep bias, prejudice, and revenge out of the sentencing process. I do not think Governor Scott is similarly concerned.
3
I'm guessing that Governor Scott still has the temerity to call himself a God fearing Christian too.
SMH
SMH
5
Liberals often use as an argument the fact that the death penalty is expensive. But it's expensive precisely BECAUSE of the process that liberals have imposed with respect to it. It's chutzpah in the first degree.
6
Had Ms. Ayala announced this intention during her campaign, and were she still elected, I might support her actions. To spring this on the electorate after her election strikes me as opportunistic at best, and perhaps fraudulent.
The people had the right to know what a candidate for this office intended to do, and i doubt that this change of heart was a bolt from the blue.
The people had the right to know what a candidate for this office intended to do, and i doubt that this change of heart was a bolt from the blue.
39
The people have the right to know what a candidate intends? Are you including Trump in your argument, Trump the pathological liar?
The office allows her discretion. Perhaps the voters should have checked out the responsibilities of that office and asked her questions. Democracy dies with ignorant voters! Perhaps she made the decision after she was elected and was facing the prospect of putting people to death. Remember the justice system is not perfect and many people are exonerated. Except with a death penalty, there is no do-over. Also minorities tend to get the death penalty more because they can't afford great attorneys. Some public defenders have no experience and are defending someone accused of murder. There but for the grace of God.
By that logic, Gorsuch shouldn't have made it out of committee.
2
There was no mention of the refusal to pursue Capital Punishment during the election. If this person were truly courageous she would have made her political stand a centerpiece of her campaign and let the voters decide. She chose not to do that. Probably because she would have never been elected if she had run honestly.
6
I wonder if Scott has a membership at Mar-a-Lago and didn't have to pay the $200,000 membership fee?
6
This is business as usual for Florida's governor. As a part time resident and voter in Florida, this governor sets policy by a personal agenda. He is an arch conservative and has mounted consistent efforts to do 'take aways' rather than build, unite or protect the citizens, the fragile environment or stem cronyism. Rick Scott has ridden the tide of conservative populism and good riddance to him when his term ends. It will take a decade to put in place protections he abandoned.
2
The Governor should fire her.
2
BC, Ms. Ayala was ELECTED by voters to the office of prosecutor. If a Governor can fire elected officials who are acting within their legal rights simply because he DISAGREES with them, isn't that kind of...what's the word...totalitarian?
3
As Mahatma Gandhi said, "An eye for an eye makes the whole world blind." The elected leaders and the people who have voted for them in my state are indeed completely blind to the inequities of our criminal justice system. Death penalty has been shown to be an absolutely abject failure as deterring violent crime. Addressing the socioeconomic factors behind violent crime is a better way to deter violent crime. Ensuring economically disadvantaged people in the state get an education equal to their more prosperous counterparts will probably go farther than the assembly line of executions performed by the mainly former confederate states.
3
This is the face of the Republican Party, what happens when those who voted for these people become victimized even further by the politicians they send to represent them. It's coming unless we stop people like this Governor who seem to forget who they work for. If not we will become the Russia of the west and a third wold country. Politicians think the people don't have the moxie to throw them out of office, except we do.
2
At the heart of our political rivalry between Democrats and Republicans I think is also a fundamental split of world views which lead to one believing in death penalty and the other doesn't. Or a natinalist white culture vs. a metropolitan diversity, or conformist vs. reformist, or tough love of no safety net vs. social safety net programs.
The fight is to win. Legality and constitution or pecedence are mere tools to frame an argument, regardless of the merits of the argument. Polarization of our politics is due to polarization of our values.
The fight is to win. Legality and constitution or pecedence are mere tools to frame an argument, regardless of the merits of the argument. Polarization of our politics is due to polarization of our values.
2
I am a retired Florida lawyer, and am unalterably opposed to the death penalty. I also consider Gov. Scott an abominable excuse for a governor. Regardless, I cannot agree with Ms. Ayala.
Her job is to enforce the law. If she looks at each capital case individually, and finds that one or more does not merit the death penalty, that would be an exercise of prosecutorial discretion. But to deal with an entire class of cases, as she does, is an abandonment of her job.
Of course, Scott is grandstanding, as he often does. But in this rare instance, in my opinion, he seems to have gotten it right.
Fortunately, he will be term limited in a couple of years, and we'll likely be rid of him.
Her job is to enforce the law. If she looks at each capital case individually, and finds that one or more does not merit the death penalty, that would be an exercise of prosecutorial discretion. But to deal with an entire class of cases, as she does, is an abandonment of her job.
Of course, Scott is grandstanding, as he often does. But in this rare instance, in my opinion, he seems to have gotten it right.
Fortunately, he will be term limited in a couple of years, and we'll likely be rid of him.
63
Yes, then he can run for president . . . won't that be fun?
I agree with you on Ayala.
But I don't see what Scott has gotten right; he's certainly grandstanding, and certainly not interested in finding a prosecutor (not that it's his job to find prosecutors) who will "look at each capital case individually, and find that one or more does not merit the death penalty."
Ayala is stretching the law; Scott is tearing it up.
But I don't see what Scott has gotten right; he's certainly grandstanding, and certainly not interested in finding a prosecutor (not that it's his job to find prosecutors) who will "look at each capital case individually, and find that one or more does not merit the death penalty."
Ayala is stretching the law; Scott is tearing it up.
1
I'm looking forward to seeing him go.
1
Bracy's opinion piece appears to skirt some facts of which he presumably must be aware. A Florida state law allows the governor to appoint a different prosecutor if there is a “good and sufficient reason” to take a case away from the original prosecutor. The prosecutor's unwillingness to consider a particular punishment would strike many as good and sufficient reason for removal.
7
The US Supreme Court ruled that the availability of the death penalty is something which is addressed by state legislatures on a state by state basis. Florida has the death penalty, someone can choose not to enforce the law as a matter of conscience or logic or whatever, the governor has the obligation to ensure that the law is followed. Redress for the issue is legislative, the governor has acted correctly. There's really no story here.
4
If the Supreme Court has banned all state laws that make executions *mandatory*, then it stands to reason that it is not left up to the states whether a prosecutor can be required to choose to seek the death penalty. If it's not a legal obligation, then that choice is left to the individual prosecutor. The governor's intervention can't actually be based on any kind of dereliction of duty or failure to carry out a law, then, because there is no such law she is neglecting. That leaves us with the governor deciding to insert himself into a decision that we, the people of central Florida, have made to trust Ms. Ayala's judgement in these matters. I consider my own personal rights to have been violated by this action.
2
This overreaching of Governor Rick Scott is a sign of authoritarianism. He is removing from office an elected official who has not broken the law. Period.
7
Go Scott! 'Bye, Ayala!
5
Ah, yes. The "stand your ground" state. Trayvon Martin can be murdered by a vigilante and the good citizens will let the vigilante go free. Hmmm...Scott free?
14
So - what are ye telling me - O'sages Art/Dean/Andy...
That the Olde-Quainte notion of "Sanctuary Prosecutors" is DOA...
So heart-rending...
A very little violin - built entirely of recycled-materials and sustainable-wood - wails in the near distance...
By extended analogy of the faux-mercenary bleedingheartliberal line of argument that capital punishment is simply too-expensive to prosecute - concoct and contrive the same argument for non-capital crimes...
Just let offenders pay fines (if violent crime) or taxes, going forward (if drug production/distribution) - jail is simply too harsh and mean...
Or hateful and mean-spirited...
Or simply not just, fair, equitable, prudent, wise...
Or racist...
No - make that RACIST...
That the Olde-Quainte notion of "Sanctuary Prosecutors" is DOA...
So heart-rending...
A very little violin - built entirely of recycled-materials and sustainable-wood - wails in the near distance...
By extended analogy of the faux-mercenary bleedingheartliberal line of argument that capital punishment is simply too-expensive to prosecute - concoct and contrive the same argument for non-capital crimes...
Just let offenders pay fines (if violent crime) or taxes, going forward (if drug production/distribution) - jail is simply too harsh and mean...
Or hateful and mean-spirited...
Or simply not just, fair, equitable, prudent, wise...
Or racist...
No - make that RACIST...
4
Scott is a Jesus believer who taught him that he has the right, like every god, to put human animals to death. He states that his god, that Jesus character, taught him that he has the right to enforce the "eye for an eye and tooth for a tooth" ideology. Wait a minute. Was that Jesus character in the Old or the New Testament? Oh, he was not a god at the top but a lower one just like Scott is.
3
The political swamp in Florida is much larger than the Everglades. Many people would there would vote for Atilla the Hun as long as an R was behind his name.
9
Republicans have moved beyond the pale, they watch what the gop does in the WH, and decide they too can do whatever they want. Look at what happened yesterday in Kansas, ignoring pleas from constituents and hospitals, the pawns of the coke brothers (spelling deliberate) said no to expanding Medicaid for 150 thousand people while those guilty of fraud of Medicare decide who lives or dies in Florida . . .
The midterms feel like a million years away and I shutter to think what these heartless tools will do in the meantime.
The midterms feel like a million years away and I shutter to think what these heartless tools will do in the meantime.
5
It was the Republican governor of Illinois, George Ryan who put a moratorium on executions and commuted almost 200 death sentences after concluding that the capital punishment system was fundamentally flawed and unfair.
Statistics show that executions have no impact on violent crime, and, counterintuitively perhaps, cost taxpayers more than life in prison. Considering new questions about the cruelty of lethal injection, there is good call for a nationwide moratorium on executions. The calls for Law and Order are just thinly disguised appeals for biblical-style vengeance, not true justice.
Statistics show that executions have no impact on violent crime, and, counterintuitively perhaps, cost taxpayers more than life in prison. Considering new questions about the cruelty of lethal injection, there is good call for a nationwide moratorium on executions. The calls for Law and Order are just thinly disguised appeals for biblical-style vengeance, not true justice.
5
The author states that pre-emptively calling the death penalty “justice” wrongly presumes the defendants should be executed without consulting the families of the victims or considering any mitigating evidence about the accused.
But surely calling the death penalty “injustice” also wrongly presumes the defendants should not be executed without consulting the families of the victims or considering any aggravating evidence about the accused.
Therein lies the problem with the decision of Ms Ayala: it is not fact specific.
But surely calling the death penalty “injustice” also wrongly presumes the defendants should not be executed without consulting the families of the victims or considering any aggravating evidence about the accused.
Therein lies the problem with the decision of Ms Ayala: it is not fact specific.
2
Instead of doing away with the death penalty, let's do away with the decades of appeals. Limit their appeals. It is ridiculous for them to be on death row for decades, it is also ridiculous that victims do not get justice.
3
The death penalty does not equate with justice for victims. Indeed, most advanced nations with ancient and tested judicial systems have abolished the death penalty in favor of imprisonment without parole.
1
It could be argued, that Ayala merely came to the same conclusions as 19 states plus the District of Columbia when those states banned the death penalty. Governor Scott perhaps has overlooked this possibility.
6
Scott (a former CEO) exhibits many Trump-like dictatorial tendencies. Another example: He forbids state environmentalists to discuss rising sea waters/flooding but requires them to label this as "nuisance flooding" in order to mislead the public.
6
If Florida has the money to spend on death penalty trials, the subsequent appeals, etc., fine. But this kind of interference, if it is allowed to continue, signals a dangerous intrusion of politics into law when prosecutor who was elected by the people, decides something different from what the governor believes ought to be done. The death penalty is expensive, not a deterrent, and probably doesn't end the sufferings of the victim's family. Yet, just as in other areas, GOP politicians prefer to believe their facts rather than the facts.
9
Though not surprised at the perverse and possibly vengeful removal of Ms Ayala from the judicial independence she requires, I wonder if this deplorable governor's action has racial undertones as well. Governor Scott is not clean himself, as he, as CEO of Columbia/HCA (in the 90's) oversaw the largest healthcare fraud (against Medicare/Medicaid) in the nation's history. As to how he was elected governor is beyond me; even more so now, as his abuse of power is politicizing the judicial branch, setting an awful precedent "a la Trump".
13
Scott bought the governorship with tens of millions of his fraudulently receives wealth.
If a member of the jury, selected by peers, would have to be the person who is designated to "throw the switch", I wonder what impact that might have. It is one thing to talk tough about capital punishment in the abstract, and another matter to actually carry out the killing. Most of us have been taught about the ten commandments, or other teachings that forbid the taking of another person's life. Confronted with this duplicity, they might find themselves unable to carry out the task.
8
That depends on your feelings about justice, if it was your family member maybe you would be willing to throw the switch. But that's not how the judicial branch works, juries determine guilt or innocents, juries aren't the designated party to carry out whatever sentence is handed down. That is left to the Department of Corrections, specifically the warden carries out any death penalty.
If you believe in the Ten Commandments, then you must know that there are more than 10, secondly, the bible also teaches and eye for an eye. In today's DNA laden world it's not hard to either vindicate the accused or it can without a doubt convict. Does the death penalty act as a deterrent, probably not, murderers will always be around amongst us, whether they kill for money, or love or just because, The death penalty is one way to save the hundreds of thousands of dollars that it will cost to keep a murderer alive until either they themselves are killed in custody, or die a natural death.
As for me, as a combat veteran I'm sure I sent some combatants to their god, so I would have no issue with doing the same if a family member was either harmed or threatened with death or harm.
If you believe in the Ten Commandments, then you must know that there are more than 10, secondly, the bible also teaches and eye for an eye. In today's DNA laden world it's not hard to either vindicate the accused or it can without a doubt convict. Does the death penalty act as a deterrent, probably not, murderers will always be around amongst us, whether they kill for money, or love or just because, The death penalty is one way to save the hundreds of thousands of dollars that it will cost to keep a murderer alive until either they themselves are killed in custody, or die a natural death.
As for me, as a combat veteran I'm sure I sent some combatants to their god, so I would have no issue with doing the same if a family member was either harmed or threatened with death or harm.
1
The death penalty is as ineffective as it is evil (murder is wrong). A few years from now it will be banished for good. Right thinking people will gain the majority as they have in every civil --and political-- rights movements in history.
Gov. Scott, like the death penalty, will be on ash heap of history --Florida voters will show him the door (except that Gov. Scott will have on his conscious, until his last days, this rash --and immoral--action).
Morals matter.
Gov. Scott, like the death penalty, will be on ash heap of history --Florida voters will show him the door (except that Gov. Scott will have on his conscious, until his last days, this rash --and immoral--action).
Morals matter.
9
This article misses the point.
Before Ms. Ayala was elected she promised that she would uphold the law including the death penalty. She is failing to do so, and the governor is now forced to reassign the cases to a prosecutor who will prosecute according to Florida's law.
The article then brings up Ms. Ayala's race and the race of those on death row. If we are to consider race, then we can have no justice. If you harm me or my family because you think you will be treated leniently based on your race, then I will simply administer justice myself.
Before Ms. Ayala was elected she promised that she would uphold the law including the death penalty. She is failing to do so, and the governor is now forced to reassign the cases to a prosecutor who will prosecute according to Florida's law.
The article then brings up Ms. Ayala's race and the race of those on death row. If we are to consider race, then we can have no justice. If you harm me or my family because you think you will be treated leniently based on your race, then I will simply administer justice myself.
4
Sorry but what law is she not upholding? The law doesn't mandate everyone convicted is executed. The death penalty is an option among others that can be used to penalize the guilty. As the article states, she has a broad latitude as a prosecutor in her district. Based on the time, cost and results (i.e. it doesn't deter crime) she has decided that using that option isn't one she will use.
it is up to the discretion of the prosecutor how to apply charges and the judge ultimately has the discretion to determine the final outcome, including overruling the jury. The danger lies in the Governor being able to determine who gets charged with what.
I was not aware that Florida had a Mandatory Death Penalty as you state...otherwise what "law" has she failed to uphold? Public drawing and quartering perhaps?
She took the stand against the death penalty 3 weeks after she took elective office. The case where this came up is one were a man, already accused of murdering his ex-girlfriend and his unborn child, killed a police officer execution style, after she was already on the ground with gunshot wounds. All of this was captured on video.
1
All one really needs to do is look into Gov Scott's eyes and be afraid. He and many other GOP politicians have been enabled by the autocratic president we elected.
11
Several years ago, governor Rick Scott issued orders forbidding the use of the phrases "climate change", "global warming" and "environmental sustainability" from any state document or in any presentation by a state employee. What a good republican.
19
Who cares if the polar ice caps melt if you have money and a/c.
6
Well, there's a little comfort in knowing that his state will be the first to disappear.
3
Denial isn't just a river in Egypt.
2
Every killer needs to be killed. It is not ugly. Ugly is what they do to their victims. Of course we never see that. Then the poor killer gets killed himself and we are in an uproar. Congrats Florida. Time to visit your State again.
1
Sadly, you've missed the point. The point is that as humans are not perfect, then a justice system administered by humans is not perfect. Innocent people have been executed because of human mistakes, either deliberate or unintentional. The Innocence Project finds many people in prison for crimes they did not commit. So I guess for you it is a matter of accepting that some innocent people get executed in our drive to impose the death penalty. It's just the price of dispensing justice, right?
Yeah, only don't get into an argument with an upstanding, gun toting Floridian, because they can now shoot you dead for merely 'feeling threatened' and walk away from it. Stand your ground doesn't apply to the unarmed.
Did the prosecutor in question take an oath to support the Constitution of Florida and to act in accordance with it? Does the Constitution of Florida allow the death penalty? It the death penalty is allowed under Florida law, then how can a prosecutor decide which laws he or she will choose to enforce or not? How is it the purview of the prosecutor to arbitrarily say that he or she will or will not enforce a law that is consistent with the Florida Constitution or not?
Discretion is one thing. Picking and choosing which laws to enforce is not. Choosing not to prosecute a suspect is discretion. Choosing to never seek the death penalty, when that penalty is indicated under the law, is - as the article states - dereliction of duty.
The governor is absolutely correct to remove a prosecutor from a caseload, if she refuses to seek the maximum penalty in cases where it is appropriate, if she is doing based simply on her political beliefs. Prosecutors don't have the luxury of deciding which laws they think are good or just or fair. They work under a paradigm set forth in the state constitution. That's their job.
If this prosecutor doesn't like the law, she should work to change. But, if her job is to enforce the law and see justice done as justice is defined under her state's constitution, then she should do her job.
Sorry, but the governor is right. She's a prosecutor, not an activist. She needs to start acting like one.
Discretion is one thing. Picking and choosing which laws to enforce is not. Choosing not to prosecute a suspect is discretion. Choosing to never seek the death penalty, when that penalty is indicated under the law, is - as the article states - dereliction of duty.
The governor is absolutely correct to remove a prosecutor from a caseload, if she refuses to seek the maximum penalty in cases where it is appropriate, if she is doing based simply on her political beliefs. Prosecutors don't have the luxury of deciding which laws they think are good or just or fair. They work under a paradigm set forth in the state constitution. That's their job.
If this prosecutor doesn't like the law, she should work to change. But, if her job is to enforce the law and see justice done as justice is defined under her state's constitution, then she should do her job.
Sorry, but the governor is right. She's a prosecutor, not an activist. She needs to start acting like one.
1
You're conflating "possible" with "mandatory". The Florida constitution does allow the prosecutor to seek the death penalty, but since it does not actually require her to do so, it is left up to the judgement of the individual prosecutor. Deciding whether or not to seek the death penalty in any given case is therefore exactly her duty, and the fact that you or the governor or anyone else other than the people of Central Florida who elected her disagree with which choice she makes is by no means legitimate grounds to intervene in the democratic process.
1
Many of us here in central Florida are hoping that Rick Scott will be defeated if he chooses to run in 2018. Orlando is principally a Blue city, with a progressive mayor and mostly progressive city council.
Unfortunately, much of the outlying exurban and rural regions are mostly conservative. What has held us back primarily is redistricting, or let's call it what it really is--Gerrymandering.
Hopefully, a strong Democratic gubernatorial candidate will emerge for the 2018 elections. And hopefully, Florida voters will understand that Rick Scott has managed to undermine some of the most important state and Federal programs here.
Unfortunately, much of the outlying exurban and rural regions are mostly conservative. What has held us back primarily is redistricting, or let's call it what it really is--Gerrymandering.
Hopefully, a strong Democratic gubernatorial candidate will emerge for the 2018 elections. And hopefully, Florida voters will understand that Rick Scott has managed to undermine some of the most important state and Federal programs here.
5
Through the courage and intelligent action of people like Aramis D. Ayala and Randolph Bracy we will someday live in a fair and just country.
6
Can Rick Scott outdraw Trump in the phantasmagorical world of law and order policies? How low can they go? Rick Scott comes from Florida, whose emerging state motto is "first with the worst." Trump, famous for calling for the return of the death penalty while publicizing the case of the Central Park Five(later vindicated and awarded a $41 NYC settlement), is a disciple of former Law and Order" Mayor Rudy Ghooliani.
Wow. this would make a terrible TV reality show.
Wow. this would make a terrible TV reality show.
4
A bit of research shows that Ayala won her election with the help of a $1.4M in funding by George Soros, an ant-death penalty proponent. And while an assistant state attorney she prosecuted death penalty cases.
Announcing a blanket policy on such cases is contrary to her duties under the law.
Announcing a blanket policy on such cases is contrary to her duties under the law.
3
This is when the death penalty gets even more dangerous. It gives the state the right to kill its citizens. When you think of who is in charge in the US, the very idea of it sends shivers down my spine. Essentially, Scott, truly a Trump clone, has the right to kill you.
The only developed nation with the death penalty and without universal healthcare. Now that is truly sad.
The only developed nation with the death penalty and without universal healthcare. Now that is truly sad.
3
Scott is as devious and dishonest as they come. Among the highlights -
When questioned about his stance against global warming he said, "I'm not a scientist." Of course he's not an economist and he makes economic decisions, etc., etc., so it's a plain cop out.
In his latest campaign for governor he said that he would not pump more of his money into the campaign - then he did it.
He fired people illegally. He flies around in "his wife's" private jet instead of the state aircraft - so that way nobody can track his movements.
He is all for himself and none for nobody else. He is a narcissist. He will say anything, then do what he wants.
He is a double talking typical political weasel. Sean Spicer and Kelley Ann Conway could take lessons from this guy.
When questioned about his stance against global warming he said, "I'm not a scientist." Of course he's not an economist and he makes economic decisions, etc., etc., so it's a plain cop out.
In his latest campaign for governor he said that he would not pump more of his money into the campaign - then he did it.
He fired people illegally. He flies around in "his wife's" private jet instead of the state aircraft - so that way nobody can track his movements.
He is all for himself and none for nobody else. He is a narcissist. He will say anything, then do what he wants.
He is a double talking typical political weasel. Sean Spicer and Kelley Ann Conway could take lessons from this guy.
3
This IS the Republican Party. They now have enough power to do whatever they want no matter what the people want. I've signed several petitions supporting Ms. Ayala, but Rick Scott is not the kind of person to actually listen to anyone except the GOP forces of evil. It makes no sense, really, what he is doing and insisting on. It smacks of brandishing power in the face of a woman of color, and really not anything else.
5
The NY Times again shows itself to be the enemy of the innocent and the enemy of victims of crime.
Bully for this Governor.
The Death Penalty deters crime. It should be used vigorously. Any State Attorney who opposes its use should not be a state employee.
Bully for this Governor.
The Death Penalty deters crime. It should be used vigorously. Any State Attorney who opposes its use should not be a state employee.
3
Sermon on the Mount:
38 Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth:
39 But I [Jesus] say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also.
40 And if any man will sue thee at the law, and take away thy coat, let him have thy cloke also.
41 And whosoever shall compel thee to go a mile, go with him twain.
42 Give to him that asketh thee, and from him that would borrow of thee turn not thou away.
— New Testament Matthew 5:38–5:42
38 Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth:
39 But I [Jesus] say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also.
40 And if any man will sue thee at the law, and take away thy coat, let him have thy cloke also.
41 And whosoever shall compel thee to go a mile, go with him twain.
42 Give to him that asketh thee, and from him that would borrow of thee turn not thou away.
— New Testament Matthew 5:38–5:42
1
Why he should not take action against her if she is not doing her job? Her job is to get criminals off the streets so the law abiding can go about their business without fear. When she got involved in Black Lives Matter politics, she got what she deserved. We have seen how prosecutors getting involved in racial politics works out in places like Baltimore and Chicago where honest Blacks are the biggest victims of the rising crime chart. The fact of the matter is that most US citizens believe that the NY Times and Black Lives Matter are on the wrong side of the debate on crime and capital punishment.
4
Yes, her job is to get criminals off the streets, which is what happens when someone serves a prison sentence. She's under no legal obligation to push for the death penalty, so it's up to her to decide how best to do her job. As someone who actually voted for her, I have entrusted her to exercise that discretion, and to have it countermanded by the governor for a purely political reason is a violation of the democratic system.
3
scott continues to be a republican. they certainly do cherry pick their belief in the law....
9
Once again, the so-called law-and-order Republicans prove they care about neither law nor order.
9
Prosecutors don't get the discretion to ignore laws enacted by lawfully elected legislatures. He is perfectly within his right as an executive to remove someone who will not faithfully carry out her duty to the people of the state of Florida.
3
Please point to the law that Ms. Ayala has violated. Oh yeah, there is no law requiring her to pursue the death penalty for any crime.
1
DS
How can you guys continue to get this so wrong?
She has, no one has, a 'duty' to seek the death penalty.
He has no right to control or even influence her behavior.
There is no law requiring the death penalty.
The Governor is behaving illegally.
She is faithfully executing her duty to the people.
He has abandoned precedent and principal, and the people, and the law in an arrogant attempt to get what he wants, just because he wants it.
How can you guys continue to get this so wrong?
She has, no one has, a 'duty' to seek the death penalty.
He has no right to control or even influence her behavior.
There is no law requiring the death penalty.
The Governor is behaving illegally.
She is faithfully executing her duty to the people.
He has abandoned precedent and principal, and the people, and the law in an arrogant attempt to get what he wants, just because he wants it.
2
There is no law or requirement that she seek the death penalty, it is merely an option she is enabled to decide whether to exercise. In fact, as the article mentions, "the United States Supreme Court has banned all state laws that make executions mandatory for murders", so there is literally no sense in which she is obligated to ever push for a death sentence. I and the people of my area as a whole have chosen Ms. Ayala so that she can exercise her judgement in carrying out her duties, and to have the governor try to swoop in and countermand her judgement when he doesn't agree with them is a violation of that whole system.
58
Scott is also the cruel ruler who rejected Medicaid expansion in Florida, a state that desperately needs it. I wonder when working people are going to stop electing these base, immoral Republicans.
12
The hypocrisy of the right to live is so clear it's crystal. How is the Right wants to save babies, but doesn't want to care for or prepare them for life, especially when they are children of color. At the same time the Right condones and encourages the violence of the State against most people that don't look or sound like them.
To control the Rights penchant for violence and violent retribution someone has to rebut this madness with demonstrated reason that coincides with the constitution. Murder by the State is an obscene and despicable act. It is a low expression of humanity. Murder called for by a by a defiant governor against the will of those he represents needs to bean impeachable offense. His election and sworn duty is to the people. Neither allowed him to use bigotry and power to resist the will of the people.
To control the Rights penchant for violence and violent retribution someone has to rebut this madness with demonstrated reason that coincides with the constitution. Murder by the State is an obscene and despicable act. It is a low expression of humanity. Murder called for by a by a defiant governor against the will of those he represents needs to bean impeachable offense. His election and sworn duty is to the people. Neither allowed him to use bigotry and power to resist the will of the people.
7
Unborn children are the most innocent of innocents. It's the parents' obligation to take responsibility and care for the children they create, and prepare them for life. White, black, or any color of the rainbow, it's not government's job to raise children. It is the government's job to protect those who can't protect themselves.
Violent criminals have had their chance and made bad choices that have harmed others irreparably. These adults need to be punished, sometimes by removal from society permanently via the death penalty. Some crimes are so egregious that the perpetrator's life is forfeit. This is the proper exercise of governmental power to protect the society at large, but it is not the responsibility of the society to maintain the life of its most degenerate miscreants at taxpayers' expense.
Unless unborn children are going around raping and murdering, then your entire argument fails and the hypocrisy and illogic of the Left is made plain: Protect criminals who have killed and harmed others, but kill babies because of their parents' bad choices? How is that acceptable under any paradigm?
In its blind pursuit of some malformed sense of social justice, the Left has given up its humanity. It's now more interested in protecting evil than protecting innocence. And that, right there, is very, very sad.
Violent criminals have had their chance and made bad choices that have harmed others irreparably. These adults need to be punished, sometimes by removal from society permanently via the death penalty. Some crimes are so egregious that the perpetrator's life is forfeit. This is the proper exercise of governmental power to protect the society at large, but it is not the responsibility of the society to maintain the life of its most degenerate miscreants at taxpayers' expense.
Unless unborn children are going around raping and murdering, then your entire argument fails and the hypocrisy and illogic of the Left is made plain: Protect criminals who have killed and harmed others, but kill babies because of their parents' bad choices? How is that acceptable under any paradigm?
In its blind pursuit of some malformed sense of social justice, the Left has given up its humanity. It's now more interested in protecting evil than protecting innocence. And that, right there, is very, very sad.
The fact that this comes down to a difference in beliefs is what makes this debate so difficult -- we can't logically prove our beliefs to others, so none of the logical arguments we make based off of that fundamental belief will seem valid to someone who doesn't share them. Even so, it's important to realize that those of us who are in favor of a woman's right to choose do *not* think that it is acceptable to kill babies. If, hypothetically, it could be proven that an unborn fetus counts as a human life, then we would likely agree that to abort it would be tantamount to killing a human. However, just as you believe that certain behaviors can end a human's right to live, we believe that that same right to live does not begin until a human is born.
Here we are as the only developed nation with a death penalty, and that penalty is not uniformly enforced. Some states have it; some do not. White people are more likely to be sentenced to jail rather than death than are non-whites. A substantial number of death-row inmates have been proven not guilty. While this group is not a large percentage, having our government deliberately kill even one innocent person is a heinous crime against every citizen. It's long past time to join the civilized world and end state-sponsored killing.
5
Ms. Ayala should have followed the example of another Florida prosecutor who was against the death penalty but did not announce that she would decline to seek it in capital cases: Janet Reno. Ms. Ayala's showing her cards early got her into this predicament.
2
Lurch stands patiently by the door, awaiting orders from his betters ...
1
Why am I reading article after article and opinion after opinion about vengeful overreach and activist aggression through the law by the right and conservatives? Why is it consistently successful by the right? I fear there's a concerted campaign to overwhelm and dominate by the right by using a system that had found some balance after over use by the left.
Some might argue that it is now up to the right to "re-adjust" but that's superficial and irrelevant. What we have here is an assault, again, on our systems of government and justice based on ideology as opposed to reason.
Some might argue that it is now up to the right to "re-adjust" but that's superficial and irrelevant. What we have here is an assault, again, on our systems of government and justice based on ideology as opposed to reason.
56
Power and its application is by nature brute and uncompromising. Ayala exercised her power as prosecutor and Scott exercised his as a governor. What is laws and constitution are the result of power struggles among different interest groups. So it is always changeable with the next power fight.
1
Because the GOP will grandstand for anything if it will get them votes. They love guns and the death penalty.
So much for the pro-life. Ha Ha
So much for the pro-life. Ha Ha
You seem to ignore, Dadad, that our nation follows the rule of law, not the rule of equity, or even "reason".
There is a well established and thoroughly litigated process for the promulgation of laws.
A prosecutor, for whatever reason, cannot substitute her judgement for that of the legislature.
There is a well established and thoroughly litigated process for the promulgation of laws.
A prosecutor, for whatever reason, cannot substitute her judgement for that of the legislature.
1
http://www.cbsnews.com/news/death-penalty-deters-murders-studies-say/
"Science does really draw a conclusion. It did. There is no question about it," said Naci Mocan, an economics professor at the University of Colorado at Denver. "The conclusion is there is a deterrent effect."
A 2003 study he co-authored, and a 2006 study that re-examined the data, found that each execution results in five fewer homicides, and commuting a death sentence means five more homicides. "The results are robust, they don't really go away," he said. "I oppose the death penalty. But my results show that the death penalty (deters) — what am I going to do, hide them?"
Statistical studies show that capital punishment has deterrent effects. They all explore the same basic theory — if the cost of something (be it the purchase of an apple or the act of killing someone) becomes too high, people will change their behavior (forego apples or shy away from murder).
To explore the question, they look at executions and homicides, by year and by state or county, trying to tease out the impact of the death penalty on homicides by accounting for other factors, such as unemployment data and per capita income, the probabilities of arrest and conviction, and more.
Among the conclusions:
Each execution deters an average of 18 murders, according to a 2003 nationwide study by professors at Emory University. (Other studies have estimated the deterred murders per execution at three, five and 14).
"Science does really draw a conclusion. It did. There is no question about it," said Naci Mocan, an economics professor at the University of Colorado at Denver. "The conclusion is there is a deterrent effect."
A 2003 study he co-authored, and a 2006 study that re-examined the data, found that each execution results in five fewer homicides, and commuting a death sentence means five more homicides. "The results are robust, they don't really go away," he said. "I oppose the death penalty. But my results show that the death penalty (deters) — what am I going to do, hide them?"
Statistical studies show that capital punishment has deterrent effects. They all explore the same basic theory — if the cost of something (be it the purchase of an apple or the act of killing someone) becomes too high, people will change their behavior (forego apples or shy away from murder).
To explore the question, they look at executions and homicides, by year and by state or county, trying to tease out the impact of the death penalty on homicides by accounting for other factors, such as unemployment data and per capita income, the probabilities of arrest and conviction, and more.
Among the conclusions:
Each execution deters an average of 18 murders, according to a 2003 nationwide study by professors at Emory University. (Other studies have estimated the deterred murders per execution at three, five and 14).
7
Dr. Craig Haney of UC Santa Cruz was part of the original Stanford Prison Study and has continued his work studying and researching American, and world wide, prions systems and their affect.
His decades long research disputes this Emory University study.
One study does not negate the many others done on this subject. It makes great headlines though, and since it promotes a specific viewpoint it will be touted far and wide by those holding it.
Modern "journalists" read the report on the study and fail to read the original research and ignore all the caveats and limits and variables the study chose to ignore as all studies do.
Considering the results of The Innocence Project and all the exonerated death row inmates they have saved I wonder about those that consider the death penalty still an answer.
His decades long research disputes this Emory University study.
One study does not negate the many others done on this subject. It makes great headlines though, and since it promotes a specific viewpoint it will be touted far and wide by those holding it.
Modern "journalists" read the report on the study and fail to read the original research and ignore all the caveats and limits and variables the study chose to ignore as all studies do.
Considering the results of The Innocence Project and all the exonerated death row inmates they have saved I wonder about those that consider the death penalty still an answer.
2
And yet European countries with no death penalty (and Norway which doesn't even have life imprisonment) have much lower homicide rates; how do you account for that?
1
I can also conduct quick analysis: let's look up murder rates in Iran (ca. 700 executions per year) and Norway (none). Or of states of USA with and without death penalty.
Speaking of moral authority, does anybody remember when Rick Scott had to step down as CEO of Hospital Corporation of America because of Medicare fraud?
https://en.wikipedia.org/wiki/Rick_Scott#America.27s_Health_Network_.28A...
Scott resigned as chief executive of Columbia/HCA in 1997, amid a controversy over the company's business and Medicare billing practices. He was succeeded by Thomas F. Frist Jr. Columbia/HCA ultimately admitted to fourteen felonies and agreed to pay the federal government over $600 million, which was the largest fraud settlement in US history. Scott was not implicated and no charges were leveled against him personally. Scott later became a venture capitalist.
https://en.wikipedia.org/wiki/Rick_Scott#America.27s_Health_Network_.28A...
Scott resigned as chief executive of Columbia/HCA in 1997, amid a controversy over the company's business and Medicare billing practices. He was succeeded by Thomas F. Frist Jr. Columbia/HCA ultimately admitted to fourteen felonies and agreed to pay the federal government over $600 million, which was the largest fraud settlement in US history. Scott was not implicated and no charges were leveled against him personally. Scott later became a venture capitalist.
10
I live in Nashville, home of HCA and was hoping to make this same reply. I don't know how Rick Scott gets away with it. Also, I don't this he is very smart.
2
It seems that in this state, and all states where executions are legal, if you oppose, you are simply not allowed to be part of the conversation. You are ousted from the ugly system that kills people: State sponsored murder.
I am against state sponsored murder and have been since it was re-enacted back in the 70s. I would never be able to serve on any jury trial in which the death penalty was on the table. I would be immediately disqualified.
During most Florida executions I have stood on a street corner with a very small group of individuals protesting the murder that is taking place in our name, with our tax dollars, supposedly in our interest.
Thank you Judge Aramis Ayala for your courage to speak truth to power.
I am against state sponsored murder and have been since it was re-enacted back in the 70s. I would never be able to serve on any jury trial in which the death penalty was on the table. I would be immediately disqualified.
During most Florida executions I have stood on a street corner with a very small group of individuals protesting the murder that is taking place in our name, with our tax dollars, supposedly in our interest.
Thank you Judge Aramis Ayala for your courage to speak truth to power.
30
I think that if those murder cases were Black officers shooting white offenders Gov' HANG EM HIGH ' Scott would have a different opinion.
5
Like the black marshall in Louisiana who just got 40 years for the unintentional, fatal shooting of a white 6 y/o whose dad chose to evade the marshalls with him sitting in the passenger seat of his truck without a carseat.
It isn't just Florida. Republicans are offensive vengeful people. Period.
30
Scott and Brownback, such a waste of oxygen
16
The U.S. has a long history, and its history of jurisprudence is not a pretty one. Ms. Ayala, as a well educated and life-experienced African-American, is obviously acutely aware of this history. She is within her rights to take corrective action. Gov. Rick Scott has displayed racial insensitivity throughout his tenure (promoting a law that would require welfare recipients to be regularly drug-tested comes to mind). His executive order needs to be challenged in court. And Florida voters need to find themselves a new governor, one with a heightened sense of justice and fairness for all.
21
There is no justice in the justice system. The poor minorities get the death penalty and the rich get the best lawyers and walk away. Also prejudice in the jurors like some of these commentators can condemn someone to death. If we can't have true justice in our system then let's try for some fairness. Remember some police officers don't care who they put in jail as long as they clear their caseload.
Rick Scott is the prototype for the Trump administration: a corrupt business man (see HCA) embraced by the GOP and free to indulge his authoritarian impulses (see Terri Schiavo) for two terms in Tallahassee. White Floridians like him.
10
Once again, what is it about the American voter that continues to elect these people?
1
Actually, the Schiavo case happened under Jeb's watch.
A Republican Governor doesn't respect the free will of the people as embodied in an elected position? *Yawn*. This is just a form of after-the-fact gerrymandering: If we can't gerrymander districts before an election to distort the will of the people, let's gerrymander responsibilities after the election.
You can be absolutely certain that this novel method of wiping their behinds with the constitution they purport to embrace will serve as an inspiration to Republicans everywhere.
You can be absolutely certain that this novel method of wiping their behinds with the constitution they purport to embrace will serve as an inspiration to Republicans everywhere.
So after we kill them, lets have a march against abortion.
14
story old as time - the white master seeks to strip the black female of her freedom and rob her of her independence.
14
Wait, what? I thought Rick Scott was "pro-life"?
13
Rick Scott.....geez. His single largest accomplishment was a 42 billion medicare fraud while at Colombia Healthcare. Who says money can't buy political office......I guess no one is saying that....but geez.
14
Florida is a very Red state from Palm Beach County northwards. It is a 'Stand your ground,' state as well. They have, what on paper looks like the most progressive juvenile justice system, unfortunately it doesn't function that way. When speaking of Florida as part of the United States, along with the other Red states, remember, the Weimer Constitution that allowed Hitler to come to power was patterned upon our Constitution. Remember also, that the chicanery going on in the current Executive Branch is sanctioned by that same Constitution. America and all its states are always one election away from despotism. Gov. Scott has the same mean look on his face that Putin has, and Scott seems to deserve that look.
Killing three people is "multiple murders." and some people need punishment and a strong deterrent for others not to copy such a heinous. Liberals always want to make crime and punishment a racial matter. Well wake up and see who is committing the crimes you are reading about or seeing on TV.
4
Jan, executions aren't deterrent. If they were, 18th-century London would have been the most crime-free place on earth. But it wasn't. Very few murderers are thinking that far ahead when they murder. Most murders are done on impulse.
And "what I see on TV" is not an accurate representation of crime in general, any more than my family's illnesses accurately represent all of America's medical needs.
And "what I see on TV" is not an accurate representation of crime in general, any more than my family's illnesses accurately represent all of America's medical needs.
Mrs. Ayala should have kept her mouth shut and made her same judgement on all the cases that come before her. The blanket statement beforehand was in fact subverting the law, and the opinions in her district should in theory have no basis.
Did Mrs. Ayala campaign on the grounds of never seeking the death penalty? If not, Scott's action is justified.
Did Mrs. Ayala campaign on the grounds of never seeking the death penalty? If not, Scott's action is justified.
10
The death penalty is wrong. The State should not kill in my name. As for Scott, a scary guy, leading a scary state. But, then again, Trump and his buddies are all scary guys, except for Betsy, who is a woman with a brother who is a scary guy. Pardon me, but I must leave and catch a plane to the Seychelles where I am considering moving
8
The death penalty is used to show that killing is wrong.
In Trump's mold. Muzzle opponents. This is the state that upheld the shooting of a young black man by a vigilante who turned out to be abusive!
With its bias toward prison and the death sentence for African-American defendants, Mr. Scott's actions move Florida closer to a system that is slow-motion lynching in disguise. This GINO (governor in name only) hates the residents of his state, especially African-Americans. He systematically strips their rights to vote, drains the state coffers to pay for drug tests for welfare recipients which yield no actionable intelligence and, by precluding even the words "climate change" from leaving the lips of state employees, would seek to drown half the state as the seas rise. Finally, he stands moot as the governor of the Sunshine State as his legislature seeks to undercut residential solar power adoption. Some governor!
12
Absolutely no surprise here: Gov. Scott is cut from the same bolt of cheap "imported" fabric as his scamming pal, @POTUS. They believe in imperial rule and it is of no moment to Scott that he overreached and put his personal agenda ahead of the rule of law. Unfortunately, such practices by megalomaniacs like DJT and Scott, are becoming common and the public has been de-sensitized to the general practice of ruling from the executive offices of government. Ms. Ayala is the "sheriff" in her jurisdiction and Scott humiliated her to her constituents with the stroke of a pen. He did not have the spine to simple fire her as that is what was in his mind, but not in his weak-kneed abilities to lead. Do what you will Governor, but have the integrity, which you don't (we all remember your health care scam and 5th amendment assertions under oath) possess. Thank goodness Florida has a term limit on your time in office. Can't say bye-bye to you soon enough. You do nothing on a day-to-day basis but serve your crony wealthy supporters. Nothing for the constituents who did not vote for you. Nothing.
5
Another self serving Marvina K. Mooney who confuses the Model Penal Code with, when it is agreeable to her, the established law of the local and state jurisdiction in which she serves. Will you please go NOW.
2
Bloviator, why should she go? She was duly elected to her position by the voters. She is acting entirely within the law of her state. Why do you have a problem with that? If you don't like it, move to her district and vote against her in the next election.
2
Given that the southern states have the highest rate of execution and the highest murder rates as a group, I would think the major argument of the death penalty (it is a deterrent to crime) should be discarded.
PS. Alaska also has a very high murder rate - lots of guns, booze, and very long winters (not a good combination)
PS. Alaska also has a very high murder rate - lots of guns, booze, and very long winters (not a good combination)
9
Southern states have some of the highest violent crime rates, mostly over the past 3 decades because of the high birth rate among poor blacks and latinos who have relocated from around the U.S. to southern cities.
1
Typical GOP
6
Which other laws is it proper for the law enforcement officials of Florida to ignore? I'm sure the New York Times editors have a predictable list.
Of course, if some laws are ignored, that'd be a very bad thing from the Times' perspective. It's all so complicated. I guess we could have a system where the law is the law, until the people take steps established by the Constitution to change them. But that'd be damn inconvenient for people who know they are always right and put their own ethics ahead of the will of the people that has been expressed in widely supported laws.
Of course, if some laws are ignored, that'd be a very bad thing from the Times' perspective. It's all so complicated. I guess we could have a system where the law is the law, until the people take steps established by the Constitution to change them. But that'd be damn inconvenient for people who know they are always right and put their own ethics ahead of the will of the people that has been expressed in widely supported laws.
5
Clearly you did not read this article and are reacting emotionally to the issue at hand. Mr. Bracy clearly states that Ms. Ayala's critics "cannot point to a single law or statute that she has violated. That’s because she hasn’t [violated any]."
Who are the people that vote for guys like this?????!!!!
9
Me.
1
The death penalty is an obscene ruling. But then Scott is an obscene governor.
He is racist, anti-women, anti-environment and totally pro-business. I never voted for him.
He is racist, anti-women, anti-environment and totally pro-business. I never voted for him.
11
And shooting a (black) law enforcement officer in the back while SHE was lying on the ground is being pro woman....
2
Politicians like Rick Scott support the death penalty for one simple reason. They think doing so helps them win elections. Victims rights or deterrence, let alone justice, are the last things on their minds.
7
No wonder I would never want to live in Florida.
10
In this death penalty case of Scott v. Ayala, it seems the real issue may be bigotry -- against the state attorney.
Just another loathsome Republican antic.
Just another loathsome Republican antic.
7
Is high treason punishable by the death penalty? If Trump is convicted will Pence pardon him?
6
Scott is a crook who got elect Governor, he should be doing time in prison for fraud, something he has in common with the crook sitting in the WH.
12
If Ms. Ayala had announced that she would never seek the death penalty against a cop for killing a civilian, Gov. Scott would have cheered.
7
I am opposed to the death penalty & as a proud resident of the Commonwealth of Massachusetts (where the death penalty is unconstitutional) it was painful to watch the 2 recent federal death penalty cases tried in Massachusetts, that of Gary Lee Sampson & Dzhokhar Tsarnaev. Both of these men were tried by "death penalty qualified" juries & the feelings of victims families (some of which were against death) were not considered in determining sentence. Since most residents of Massachusetts are against the death penalty, opinions concerning death in these cases was also irrelevant. The use of the death penalty is definitely biased against men of color (the ability of these men to get decent representation is also in question in many cases) & the death penalty is clearly not a deterrent based on the numbers of people on "death rows" around the country.
That said, Florida is a death penalty state. The people in Ms. Ayala's jurisdiction may be against the death penalty but until it is overturned at the state level, it is the law. I am in complete agreement with Ms. Ayala but Mr. Scott retains the right (as punitive as it is) to remove her from any other "death qualified" cases she is overseeing.
Ms. Ayala make your principled stand & we will back your protest, sad as we are that defendants will be at risk for a death sentence. But don't expect Mr. Scott, the "pro-life" hypocrite that he is, to change his ways. It is the law in Florida & the law & the governor need to be changed.
That said, Florida is a death penalty state. The people in Ms. Ayala's jurisdiction may be against the death penalty but until it is overturned at the state level, it is the law. I am in complete agreement with Ms. Ayala but Mr. Scott retains the right (as punitive as it is) to remove her from any other "death qualified" cases she is overseeing.
Ms. Ayala make your principled stand & we will back your protest, sad as we are that defendants will be at risk for a death sentence. But don't expect Mr. Scott, the "pro-life" hypocrite that he is, to change his ways. It is the law in Florida & the law & the governor need to be changed.
3
I live in Florida. This is a simple case of punishing a black woman for daring to oppose the governor. She is a woman, how dare she? She is black; remember all the nasty things this governor said about President Obama?
8
What do you expect from a governor who got away with Medicare fraud when he headed a healthcare company?
Richard Condon was the author of several novels which seem to have predicted the figure. First and foremost was "The Manchurian Candidate." But no less important was his Prizzi trilogy, especially the last one, "Prizzi's Glory," when a gangster and his wife turn themselves into a family with Mayflower roots and into the presidency.
Richard Condon was the author of several novels which seem to have predicted the figure. First and foremost was "The Manchurian Candidate." But no less important was his Prizzi trilogy, especially the last one, "Prizzi's Glory," when a gangster and his wife turn themselves into a family with Mayflower roots and into the presidency.
5
A black woman who opposes the death penalty? What could a right wing zealot like Scott find objectionable in that?
5
I applaud Ms. Ayala for taking her job seriously. And boos to Governor Scott, who apparently is trying to prove "who's Boss". Me thinks his racism is showing and his misogyny. In addition to his lack of compassion not to expand Medicaid to all who do not have the same privileges he has had and continues to have.
I think all politicians should have to take a compassion test before they can run.
Where is the soul in this country? A lot of States stand out for their lack thereof, pretty much like their Congressional counterparts.
These are the leaders that should be removed from office. When will that happen? Will we have to rely on private scandals to get rid of the rascals before the next voting cycle?
I think all politicians should have to take a compassion test before they can run.
Where is the soul in this country? A lot of States stand out for their lack thereof, pretty much like their Congressional counterparts.
These are the leaders that should be removed from office. When will that happen? Will we have to rely on private scandals to get rid of the rascals before the next voting cycle?
4
I am not opposed to the death penalty.
Having said that, Scott would not have dumped a white male prosecutor, but is more than pleased with himself to dump a black woman from her job.
Make no mistake, there is racism involved here. White Republican elected officials know that racism is more than tolerated among their constituents, and charges of racism are easily attacked.
And I am a white guy that is not totally opposed to the concept of the death penalty.
Having said that, Scott would not have dumped a white male prosecutor, but is more than pleased with himself to dump a black woman from her job.
Make no mistake, there is racism involved here. White Republican elected officials know that racism is more than tolerated among their constituents, and charges of racism are easily attacked.
And I am a white guy that is not totally opposed to the concept of the death penalty.
5
Gov. Scott himself is a non-convicted felon who while CEO of HCA defrauded Medicare out of billions of dollars. His company paid a fine in excess of 1 billion dollars to get him off the hook and keep him out of court/jail. It is so despicable that he can interject his twisted politics into such a crucial area of the legal system. We should all be proud of Ms Ayala's efforts to bring common sense to her prosecutorial duties.
How pompous and self-effacing of Mr. Bracy who makes off the cuff comments about the death penalty not deterring crime. It does, in that once the murderer is executed, that person will never re-offend. The recidivism rate for executed individuals is zero.
If she were white the governor would have done the same exact thing. Do you have put everything in a racial context?
1
Mr. Scott has issues with the separation of powers thing. He does not respect the sanctity of elected office. He also has had issues with denying himself the "pleasure" of torturing combatants while he was in the military. Oh, yes, and there is that pesky little issue he has with women, especially black women. Sad.
4
"It's vengeance."
Judicial murder is murder nonetheless.
Judicial murder is murder nonetheless.
3
A Florida Governor interjected himself into dispute over a family's struggle to determine whether to keep a woman in a vegetative state on life support, superseding the courts.
Are we surprised that another has superseded prosecutorial discretion?
If there is to be a theme that will be explored in history books about the current time in history, it will be an exploration of how different branches and jurisdictions grabbed power, and tried to circumvent checks and balances. Overreach is the norm, not the outlier.
Governors in red states love the death penalty. It gets them a ton of votes and has very little personal impact on them. Ms. Ayala is fighting a losing battle. But frankly, sometimes you just have to tilt at a windmill. It keeps us human.
Are we surprised that another has superseded prosecutorial discretion?
If there is to be a theme that will be explored in history books about the current time in history, it will be an exploration of how different branches and jurisdictions grabbed power, and tried to circumvent checks and balances. Overreach is the norm, not the outlier.
Governors in red states love the death penalty. It gets them a ton of votes and has very little personal impact on them. Ms. Ayala is fighting a losing battle. But frankly, sometimes you just have to tilt at a windmill. It keeps us human.
181
Usually it is the republicans who interfere in a personal decision. I don't know if you were referring to Terry Schiavo but that was heartbreaking when the republican representatives and senators were grandstanding for political gains. They didn't care.
Aren't they the first to want government out of our lives except when to do so gets them votes with the evangelicals they lie to all the time.
If I lived in Florida, I would move. Oh I did live in Florida and I moved. I don't know what's worse, hurricanes or republican politicians like scott.
Aren't they the first to want government out of our lives except when to do so gets them votes with the evangelicals they lie to all the time.
If I lived in Florida, I would move. Oh I did live in Florida and I moved. I don't know what's worse, hurricanes or republican politicians like scott.
The legality of the death penalty in a particular jurisdiction is a political question. While a prosecutor is permitted to use discretion in a given case, what this prosecutor has done is to substitute her political judgment for that of the people she serves. And not in given case, but in all cases and before hearing the relevant facts. That is not an exercise of discretion but an abuse of it.
2
There's something horribly wrong with Republican politicians.
5
My parents retired to Florida( from Ohio), over Ten years ago. We visit often. Florida is, a wealthy persons paradise. Extremely low wages, no state income tax, cheap homes. BUT, the average person must work at least TWO jobs to live at a low, acceptable level. THIS is Trumps America,
The pilot version. And Scott- the dictator. The mini banana republic.
Retire there, if you're " comfortable ". Otherwise, NO. Seriously.
The pilot version. And Scott- the dictator. The mini banana republic.
Retire there, if you're " comfortable ". Otherwise, NO. Seriously.
5
Somewhat ironic that Scott, who was behind a billion dollar rip off of Medicare when he ran the giant HCA corporation, is now dictating how to dispense justice. The fact that he even got elected governor of Florida in the first place raises serious questions about the people of Florida. Then again, the fact that Trump was elected president raises serious questions about the people of America.
5
Start a recall movement. He's not going to change.
This is hardly surprisingly. The Republic party always wants one set of rules for itself and another set for everyone else.
1
Mr. Bracy claims the reassignment of prosecutions away which implicate consideration of the death penalty away from Ms. Ayala as an improper violation of the "broad discretionary power" of prosecutors. He's missing his own point. Ms. Ayala has promised to refuse to perform her duty which requires that she "consider" the appropriateness of the death penalty in each case where it is implicated; that is she is refusing to bring to bear her "broad discretionary power" to each case by a blanket policy to refuse to even consider the applicability of the death penalty, regardless of the specific facts or circumstances. The Governors action was not only reasonable, but required in order to assure the proper application of prosecutorial discretion in each case.
1
She is a black woman with power in Florida. She must be punished.
13
I wonder if Governor Scott has any idea that elected officials (a governor, for instance) can be removed from office by the very electorate who put them into office and (even more shocking, I know, Governor) prosecuted?
6
The people elected her. Scott is saying the people have no rights.
8
Actually, Scott is saying that as a Republican, he knows what's best for the "little people" who elected Ms. Ayala to her position!
2
Isn't Rick Scott pro-life?
5
For children Yes. For hardened criminals No.
So, if a Governor can strip an elected officer of her position, can we do the same with a SCP?
7
i never liked scott, he has a huge chip on his shoulder which he takes out on the less fortunate when he enacted abusive voting laws, etc. etc.
11
The only thing Scott is really interested in is raking in more tax payer money into his pockets but he's happy to excercise his adolescent immaturity to punish thosewith whom he disagrees. It may be illegal or vengeful or antidemocratic but who cares...he's a Republican and laws don't matter.
20
1. The Florida Constitution grants certain rights to crime victims. Ayala cannot choose to ignore those rights.
2. We want prosecutors to review each case and make individualized charging and sentencing decisions. Ayala publicly declared she will not do this.
3. The insidious plot to close the Democratic primary, which served as the general election for State Attorney, prevented almost half of the voters in her district from casting a ballot. Ayala, and her previously hidden disdain for thr death penalty, do not reflect the will of "the People."
4. The Florida Statutes indicate that the primary purpose of the criminal punishment code is punishment, not deterrence or rehabilitation.
5. I cannot stand Rick Scott, but he is right here.
2. We want prosecutors to review each case and make individualized charging and sentencing decisions. Ayala publicly declared she will not do this.
3. The insidious plot to close the Democratic primary, which served as the general election for State Attorney, prevented almost half of the voters in her district from casting a ballot. Ayala, and her previously hidden disdain for thr death penalty, do not reflect the will of "the People."
4. The Florida Statutes indicate that the primary purpose of the criminal punishment code is punishment, not deterrence or rehabilitation.
5. I cannot stand Rick Scott, but he is right here.
2
It is a fallacy that public prosecutors represent or act on behalf of victims; they act on behalf of the public. So while victims are allowed to provide impact statements that may be considered during sentencing, they are not afforded the right to demand specific punishment or retribution.
Florida's "death penalty" statute which allowed only a majority of jurors to vote in favor of killing in the name of the state a person they found guilty was found to be unconstitutional. The revised version put in place by a Republican legislature and not voted on directly by Florida's voters is yet to be found sufficient.
The few remaining US states with a death penalty are increasingly finding the so-called humane injection method of murder in the name of the state impossible to implement. As the Innocence Project and other ways of examining evidence shows, men have been sentenced to death in error; the criminal justice system is not infallible. Death by the state is a long, expensive, error-prone process.
Like most Floridians, I oppose the use of my tax dollars to implement an expensive, obsolete criminal sentence that only seeks "an eye for an eye" and not justice. While prosecutorial independence has a long history of abuse in Florida, recent elections have removed from office those who seek unreasonable sentences or use the power of their offices against the vulnerable.
I support Ms. Ayala and am grateful for her brave leadership in confronting entrenched ways of sentencing those who violate Florida's laws. I am grateful so many who know, understand and love the law have publicly supported her as well.
The few remaining US states with a death penalty are increasingly finding the so-called humane injection method of murder in the name of the state impossible to implement. As the Innocence Project and other ways of examining evidence shows, men have been sentenced to death in error; the criminal justice system is not infallible. Death by the state is a long, expensive, error-prone process.
Like most Floridians, I oppose the use of my tax dollars to implement an expensive, obsolete criminal sentence that only seeks "an eye for an eye" and not justice. While prosecutorial independence has a long history of abuse in Florida, recent elections have removed from office those who seek unreasonable sentences or use the power of their offices against the vulnerable.
I support Ms. Ayala and am grateful for her brave leadership in confronting entrenched ways of sentencing those who violate Florida's laws. I am grateful so many who know, understand and love the law have publicly supported her as well.
19
As a Floridian, I would hasten to point out that Governor Scott is no Floridian. He was born in Illinois, spent the vast majority of his life in states other than Florida, is a millionaire hundreds of times over, was CEO of Columbia/HCA the largest for-profit health care co in the US whose successor was convicted on 14 felonies and whose company had to pay the feds 600 million, the largest fraud fine ever (he had left when the allegations of medicare fraud had begun to surface).
In 2010 he entered politics by running for Governor of Florida and spent $75 million of his own money, far more than his challenger had, to buy the position, a process he repeated in 2014.
He is a rabid right wing conservative, investing in or owning companies that sell highly questionable herbal "cures", that have been sued for discrimination against the elderly and obese.
As Governor he forced recipients of temporary Assistance for Needy Families to submit to drug tests, ultimately declared unconstitutional; is a climate change denier even though lower Florida and the keys are at great risk; has changed his mind on the Medicaid expansion three times; and withdrew a request to the DOJ to review amendments to their constitution passed by actual Floridians preventing gerrymandering.
His heavy handed decision on the death penalty is no surprise.
In 2010 he entered politics by running for Governor of Florida and spent $75 million of his own money, far more than his challenger had, to buy the position, a process he repeated in 2014.
He is a rabid right wing conservative, investing in or owning companies that sell highly questionable herbal "cures", that have been sued for discrimination against the elderly and obese.
As Governor he forced recipients of temporary Assistance for Needy Families to submit to drug tests, ultimately declared unconstitutional; is a climate change denier even though lower Florida and the keys are at great risk; has changed his mind on the Medicaid expansion three times; and withdrew a request to the DOJ to review amendments to their constitution passed by actual Floridians preventing gerrymandering.
His heavy handed decision on the death penalty is no surprise.
28
Just another politician using the death penalty to advance his own interests. How many people died in his health care system so he could enrich himself? No difference. Self image is what Rick Scott is all about. Familiar ?
12
Governor Scott is not only striking out against common sense, he's also going for women and people of color. Another excellent example of one of Trump's 'old white men.'
14
The article's author is correct: all prosecutors have the discretion to go for the death penalty or not, and they are the only ones with the power to make the choice. Some states haven't had a death penalty case in years because prosecutors have decided for whatever reason not to use it. It can be hard to convince juries to kill a defendant, and millions of dollars can be spent in the effort. Some jurisdictions simply can't afford the costs. Some prosecutors have problems with the fairness of its use. Whatever the reason, as the article points out, there is no law in Florida that requires a prosecutor seek the death penalty. Rick Scott is about on par with Trump as far as brain power goes, so no surprise that he would make a move like this that is unwarranted, overreaching and without merit.
153
To those misguided souls who feel that the death penalty is a deterrent to crime, let me pass this on to you. In long ago England where the penalty for pickpocketing was hanging, the executions were public. Great crowds would come to view these hangins for pickpocketing, and there the pick pockets were most active, working the crowds.
Nothing would serve more of a deterrent towards crime than knowing that the rest of your life, perhaps as much as 50 years would be spent behind bars with no chance ever of being released.
Nothing would serve more of a deterrent towards crime than knowing that the rest of your life, perhaps as much as 50 years would be spent behind bars with no chance ever of being released.
23
I had one Iranian who had had his right arm cut off at the elbow for shoplifting. Then he came to USA and had 50 plus misdemeanor shoplifting arrests before he got the felony I tried him for and the judge gave him the max, 10 to serve. The prison system let him out in 4 months on a 10 year sentence. Not worth the death penalty but would deter someone who commits crimes. Maybe cut off the other arm?
So it was OK when the US Attorney decided to not prosecute Rick Scott for the largest Medicare Fraud in history during his tenure of Columbia/HCA as CEO, but not OK when a State Attorney- elected by the people exercises her judgement? Does that not sound more than a little hypocritical?
So typical of Scott, a former executive of a for profit hospital chain. He was one of the few top level execs to escape criminal charges as a result of their management. He continues to try to cozy up to Trump and the Florida Attorney General, Pam Bondi, held fund raisers at Mar-A-Lago. Scott's term is up next year and he will probably run for Bill Nelson's Senate seat. It is up to Floridians, who've seen his mismanagement and right wing excesses, to send him out to pasture for good next year.
59
I have defended death penalty cases and long ago came to the conclusion that the criminal justice system is simply not competent to decide who lives and who dies. One problem with the system is that only one person, the prosecutor, decides whether the case proceeds as a death penalty case or not. Obviously, different prosecutors will reach different conclusions. If the governor chooses to impose his discretion over that of the prosecutor, the matter is just further complicated and confused. At least the prosecutor is familiar with the facts of any given case while the governor is not.
29
There is no perfect system of justice. EVERYBODY knows that. So there must always be room for correction of mistakes made by the system.
Capital punishment deprives the system of a means for correcting its mistakes and mistakenly murdering its innocent citizens.
It is also barbaric.
It sounds like Governor Scott is just a bit of a barbarian and one willing to overturn the results of an election to get his own bloodlust satisfied.
Capital punishment deprives the system of a means for correcting its mistakes and mistakenly murdering its innocent citizens.
It is also barbaric.
It sounds like Governor Scott is just a bit of a barbarian and one willing to overturn the results of an election to get his own bloodlust satisfied.
2
Floridians need vengeance against this governor, who was CEO of HCA when it committed the largest medicare fraud in history and walked away with a golden parachute and no jail time.
44
There's no evidence that the death penalty is a deterrent, but there is some reason to believe that the death penalty reinforces a culture of taking other people's lives.
And we can easily see how people from countries with public executions are more likely to support violence.
And we can easily see how people from countries with public executions are more likely to support violence.
17
In Trump's America, democracy and good sense is threatened at every level of society and narcissistic closet dictators are coming out of the woodwork in ever greater boldness across the public administration spectrum.
20
Someone remind us why Rick Scott, former head of a company with the largest proven Medicare fraud, is governor of Florida?
46
Trump people voted for him.
But the death penalty should NOT be abolished for serial killers and horrible murders with torture.
You guys do know that the US attorney and FBI meddled in the Wayne Williams case and caused it to get indicted before it should have been? And for murdering 2 guys in their 20s, not kids?
And the FBI once demanded in person that I seek the death penalty for a bank robber/murderer. I said only my state boss tells me what to do. I did seek the death penalty but jury had several on it that wouldn't give it. Head teller murdered for no reason by one of the robbers.
But the death penalty should NOT be abolished for serial killers and horrible murders with torture.
You guys do know that the US attorney and FBI meddled in the Wayne Williams case and caused it to get indicted before it should have been? And for murdering 2 guys in their 20s, not kids?
And the FBI once demanded in person that I seek the death penalty for a bank robber/murderer. I said only my state boss tells me what to do. I did seek the death penalty but jury had several on it that wouldn't give it. Head teller murdered for no reason by one of the robbers.
For the same reason that Trump is President of the United States.
7
He applied.
I'm fascinated by republicans who claim to despise the government, but they want to government to restrict access to abortion and they trust the government to carry out executions of prisoners.
I couldn't care less what choices a woman makes regarding her pregnancy and I've read too many horror stories about prosecutorial misconduct, coerced confessions, lying cops, and lying "witnesses" to have any faith in the outcome of a capital trial.
And I don't trust any "pro-life" person who can sleep comfortably knowing that the government has executed an innocent person.
I couldn't care less what choices a woman makes regarding her pregnancy and I've read too many horror stories about prosecutorial misconduct, coerced confessions, lying cops, and lying "witnesses" to have any faith in the outcome of a capital trial.
And I don't trust any "pro-life" person who can sleep comfortably knowing that the government has executed an innocent person.
37
We Florida residents have known for a long time that Gov Scott doesn't have much interest in what's best for the people of this state. Like trump, he is only interested in what's best for himself and his friends.
On the other hand, he's really good at getting elected, which defies common sense.
On the other hand, he's really good at getting elected, which defies common sense.
30
electeds, no matter the party, no matter the matter, demonstrate a lack of grasp of just about anything they address that is both stunning and discouraging...from the partisan game that has pretty much paralyzed government to the petty bickering that impairs day to day operations in state houses and city halls, and, in between, stuff like this.
governor scott appears petty and petulant in removing ms ayala from murder cases, punishing her, humiliating her professionally...if her decision violates the law she should have been discharged, but alas, there is no law.
for her part, as an elected, her decision to make a public announcement was equally foolish, if not barred by law from passing up the death penalty she should have just done it, the announcement is just as much a poke at the governor as it was a protest.
if ms ayala feels that a law or practice wants change should take that into the next episode of her political life as a candidate or advocate. (the times report does not mention any reference to the matter during her election campaign which raises the question of intent in the present announcement.)
bottom line, for this opponent of the death penalty, is that by her posturing, there's a new prosecutor on watch, one who, in mr bracy's words, "will most likely seek executions."
"leadership" adds mr bracy...not hardly.
governor scott appears petty and petulant in removing ms ayala from murder cases, punishing her, humiliating her professionally...if her decision violates the law she should have been discharged, but alas, there is no law.
for her part, as an elected, her decision to make a public announcement was equally foolish, if not barred by law from passing up the death penalty she should have just done it, the announcement is just as much a poke at the governor as it was a protest.
if ms ayala feels that a law or practice wants change should take that into the next episode of her political life as a candidate or advocate. (the times report does not mention any reference to the matter during her election campaign which raises the question of intent in the present announcement.)
bottom line, for this opponent of the death penalty, is that by her posturing, there's a new prosecutor on watch, one who, in mr bracy's words, "will most likely seek executions."
"leadership" adds mr bracy...not hardly.
2
If the death penalty truly acted as a crime deterrent, as many supporters believe, Texas would have zero crime by now.
People who commit crimes that would earn the death penalty are irrational short term thinkers; at the point of commission they are thinking neither rationally nor long term.
And then there are the innocent who are convicted. If a DP supporter can look me in the eye, and tell me they would be willing to sacrifice their own innocent son to the death penalty, for the greater public good, then at least they are being consistent.
If only there were a death penalty for crooked prosecutors who knowingly send innocent people to die.....
People who commit crimes that would earn the death penalty are irrational short term thinkers; at the point of commission they are thinking neither rationally nor long term.
And then there are the innocent who are convicted. If a DP supporter can look me in the eye, and tell me they would be willing to sacrifice their own innocent son to the death penalty, for the greater public good, then at least they are being consistent.
If only there were a death penalty for crooked prosecutors who knowingly send innocent people to die.....
16
What would have happened if she'd said she'd she would ALWAYS seek the death penalty in cases where it was allowed? She's choosing to practice in a state where the death penalty is allowed. Was it necessary for her to speak up, instead of treating each case individually and letting the facts (mitigating, etc) speak for themselves?
I admire Ayala. But why did she feel she had to make this blanket statement?
I admire Ayala. But why did she feel she had to make this blanket statement?
3
But, Karen, isn't Governor Scott making a blanket statement? How can he desire his attorneys to go for the death penalty at every opportunity without that being a clear statement of his wishes?
2
Scott is gearing up for a Senate run. Appearing to be impulsive and emotional is far more important in Florida Tea Party politics than being pragmatic and realistic. What better way to win over the Trump voters , among other things, than to insist on the death penalty for high profile cases with black defendants?
10
Every republican governor is attempting to seize unilateral power anyway they can. It's become a free for all. They can't send their enemies to gulags but they can do it figuratively and cause the same damage.
11
rick scott is a disgusting excuse for a human being and thinks, like trump, that he is king and above the law.
16
Rick Scott is a fraudulent criminal himself, and deserves prosecution for his health care scam.
He has no concept of justice, so all expectations are illusory.
He has no concept of justice, so all expectations are illusory.
16
It's the not the first time, nor will it be the last, that the governor has exhibited poor judgement. He is, by any measure, an ill informed, impulsive individual, who made his bones by cheating medicare and medicaid recipients. fortunately for us, he is term limited, but has the gall to think that he can be a U.S. Senator.
12
Most politicians in the US have gotten Trumpitis. It is a horribly contagious disease which instills cruelty and delusions of grandeur in its victims and robs them of all objective reality. They can no longer feel and emote. They are sure they are correct about everything. Just coincidentally, they want the FDA to move more rapidly on new drug applications, so let's get working on a vaccine quickly. This disease spreads by word of mouth, from Trump's mouth to those who have a weakened immunity system for American values. It is the public health care crisis of our time.
9
In a sane society Rick Scott would be in a prison cell for having engineered the biggest fraud ever perpetrated on Medicare that resulted in the company of which he was the CEO paying the largest fine ever issued for fraud against the program.
He is slime -- and more slithery than anything that crawls around in the Florida swamplands.
He is slime -- and more slithery than anything that crawls around in the Florida swamplands.
20
As someone who is closely related to someone who knew Scott when his mis-managed his Columbia hospital company, and describes him as a "dangerous snake" none of this is a surprise. He's always been venomous. Scott managed to get out from under the largest health care fraud in history when Columbia/HCA was under his control. The Frists (as in Sen. Bill Frist) then separated HCA (their company) from Scott's Columbia. Like so many super-rich guys, Scott, the snake, was able to elude the justice that should have put him in an orange jump-suit. Instead, he's the destructive governor of the 3rd most populous state, after California and Texas. He's been totally anti-citizen, anti-environment, and pro-business, backing FPL's determination to make solar power virtually illegal in The Sunshine State.
So it's no surprise that a) he is an ardent and early supporter of fellow bully Trump b) he's perfectly willing to push well beyond the law and his legal powers to interfere with a legally elected prosecutor.
The solution is for Florida to wise up and get rid of Scott and return to sensible (Democratic) governance. Even the citizens of West Palm Beach have discovered that Donald Trump is an expensive nuisance in multiple ways. Plus, travel in and out of West Palm Beach airport is problematic when he's there, and the private charter air services must shut down completely or divert to alternate airports.
This is how the billionaires view the world: their oyster to eat as they like.
So it's no surprise that a) he is an ardent and early supporter of fellow bully Trump b) he's perfectly willing to push well beyond the law and his legal powers to interfere with a legally elected prosecutor.
The solution is for Florida to wise up and get rid of Scott and return to sensible (Democratic) governance. Even the citizens of West Palm Beach have discovered that Donald Trump is an expensive nuisance in multiple ways. Plus, travel in and out of West Palm Beach airport is problematic when he's there, and the private charter air services must shut down completely or divert to alternate airports.
This is how the billionaires view the world: their oyster to eat as they like.
18
I am grateful that Governor Scott has stepped up to take control of this situation. While it may be a novel idea to get rid of the death penalty it is not prudent for society. These killers cannot be cured or rehabilitated. No one ever takes the time to think what could happen to us if there ever came the day when they could not be contained for some reason (ie: breakdown of infrastructure due to natural disaster or war. Not to mention the killers who are released back into society after 40 yrs or so ...The death penalty is not revenge, it is for the safety of all. I think when they are get out they should move next door to Ms. Ayala, maybe then she will think differently.
12
Life imprisonment does means you do NOT get out.
Michelle, there have been hundreds of exonerations from Death Rows across the country. Yes, there is a tiny chance that some murderer on a mandatory life sentence (Florida's alternative to the death penalty) could escape from a prison and kill again. However, there is a guaranteed 100% certaintly that an innocent person, once executed, remains dead, murdered by our justice system.
Cameron Todd Willingham in Texas was convicted and executed for the arson murder of his wife and children, who died in a house fire -- a fire that has since been proven a tragic accident rather than arson. No rehabilitation or restitution is possible for Mr. Willingham, who lost first his family, then his freedom and his life. Governor Perry signed the warrant.
Cameron Todd Willingham in Texas was convicted and executed for the arson murder of his wife and children, who died in a house fire -- a fire that has since been proven a tragic accident rather than arson. No rehabilitation or restitution is possible for Mr. Willingham, who lost first his family, then his freedom and his life. Governor Perry signed the warrant.
You r position is not based on facts but on fear.
1
As much as it pains me to say, I completely disagree with this editorial! Rick Scott was right to remove all potential capital cases from her docket. Just to be clear, I am a black liberal Floridian who is against the death penalty and I admire what she is trying to do. However, you can not have a situation where the law is purposefully and deliberately applied in a capricious and random fashion by a singular prosecutor's declared intent to never apply the law as written. You just can't do that.
The death penalty is unfair and capricious enough as it is, with all of its component biases, without making its application even more random. If we choose to allow dumb luck, in terms of where you live, or which district you happened to comitt your crime in, or which prosecutor's name you happen to draw to be a completely determinative factor of which cases will be eligible for the harshest sentences than you would be compromising and gutting the very notion of 14th amendment guarantees of equal protection under the law.
Prosecutorial discretion, is a lame argument. Just imagine if the situation were reversed. Imagine a conservative prosecutor who vowed to always pursue a death sentence for every murder case whether the facts called for it or not. Who would seriously champion his prosecutorial discretion? Prosecutors should be allowed to decide how the law applies to the facts of an individual case, they should not be allowed to reinterperate the law itself.
The death penalty is unfair and capricious enough as it is, with all of its component biases, without making its application even more random. If we choose to allow dumb luck, in terms of where you live, or which district you happened to comitt your crime in, or which prosecutor's name you happen to draw to be a completely determinative factor of which cases will be eligible for the harshest sentences than you would be compromising and gutting the very notion of 14th amendment guarantees of equal protection under the law.
Prosecutorial discretion, is a lame argument. Just imagine if the situation were reversed. Imagine a conservative prosecutor who vowed to always pursue a death sentence for every murder case whether the facts called for it or not. Who would seriously champion his prosecutorial discretion? Prosecutors should be allowed to decide how the law applies to the facts of an individual case, they should not be allowed to reinterperate the law itself.
80
Separation of powers! As the prosecuting state attorney it is her job to determine what penalty to impose on a crime. He is not a state attorney. She does not tell him how to be a governor and he should not impose his political ambitions on the state attorneys office. He is a cog in government, he doe not own it. I applaud her independence. It costs the state years and a lot of money in the appeals process. The state also pays the defendant's attorney.
As for fairness, many times murder suspects get public defenders with no experience, they get a biased judge or one juror who doesn't like the way they look. People with money and power walk away from convictions because they have the best lawyers.
The point here is separation of powers. The executive branch (governor) should not impose his will on the legislative branch because it will really become unconstitutional. Rule of law applies and Governor Scott is not a lawyer or ethical. He is just grandstanding for political reasons. Perhaps his next move is the white house and he is probably watching lil'donnie so he can be even worse. I have no respect for this man, he is a criminal and in the pocket of the rich and corporations.
As for fairness, many times murder suspects get public defenders with no experience, they get a biased judge or one juror who doesn't like the way they look. People with money and power walk away from convictions because they have the best lawyers.
The point here is separation of powers. The executive branch (governor) should not impose his will on the legislative branch because it will really become unconstitutional. Rule of law applies and Governor Scott is not a lawyer or ethical. He is just grandstanding for political reasons. Perhaps his next move is the white house and he is probably watching lil'donnie so he can be even worse. I have no respect for this man, he is a criminal and in the pocket of the rich and corporations.
I was about to write a comment but I could not have stated it better than you did. Prosecutorial discretion is only on a case-by-case basis, not in a blanket manner that Ms. Ayala stated she would apply it. She broke her oath to the FL constitution and the current law. Ms. Ayala is clearly politicizing the issue, which is not her place as a state prosecutor.
This opinion by Sen. Randolph Bracy does not make sense. He states that he does not agree with Ms. Ayala’s decision to reject the death penalty in all cases. Enough said. She is not a private citizen exercising her right to speak. She is a state prosecutor under oath to enforce the laws.
This opinion by Sen. Randolph Bracy does not make sense. He states that he does not agree with Ms. Ayala’s decision to reject the death penalty in all cases. Enough said. She is not a private citizen exercising her right to speak. She is a state prosecutor under oath to enforce the laws.
1
Except that Florida law doesn't say that. In fact, there is no law in Florida that degrades prosecutorial discretion. It was governor Scott who acted "capriciously", not Ms. Ayala.
Ms. Ayala was duly elected by a majority of Central Florida's voting citizens, and does not "serve at the pleasure of the governor" like an appointee. There are mechanisms in place under Florida law allowing voters to "recall" an elected official.
it's the voters' right to "fire" such a official, not the governor's. You'd might as well argue that President Trump has the power to remove Senator Chuck Schumer from office because he doesn't like the way he votes.
Ms. Ayala was duly elected by a majority of Central Florida's voting citizens, and does not "serve at the pleasure of the governor" like an appointee. There are mechanisms in place under Florida law allowing voters to "recall" an elected official.
it's the voters' right to "fire" such a official, not the governor's. You'd might as well argue that President Trump has the power to remove Senator Chuck Schumer from office because he doesn't like the way he votes.
The death penalty does not deter violent crime or murder. That having been said, in what way does continuing a policy that doesn't work serve the people of Florida or any State for that matter. I think the energy here should be directed to investigating Rick Scott who has a jaded past. He took the "Fifth" some 78 times during the trail for his health care company that took millions out of the pocket of the Federal Government and has had other shady dealings including campaign finance issues and pay to play policies during his governorship. Moreover, during the gubernatorial debates this guy never answered any really relevant questions in so many areas it was mind boggling. Yet, Republicans in Florida in their infinite wisdom elected this guy, twice. Even his idea of drug testing public assistance recipients was a joke as some 98% of those tested were clean. Florida residents paid for that silly program. The question here is if Rick Scott is even qualified to be governor let alone the fact that he by-passed the independence of the independent judicial system in Florida by his interference with Ms. Ayala who should be applauded for making a political statement with respect to the death penalty.
Good for her. As one reader posted perhaps she should run for governor. She'd have my vote.
Good for her. As one reader posted perhaps she should run for governor. She'd have my vote.
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You have a really low bar for the election of your Governor. Kinda like the Presidency.
As soon as Scott took office, he fired the Ombudsman for Nursing Homes. What does this say about this guy?
Scott has many past and current conflicts and ehat would be legally investigated except for his position as gov. of FL. He is personally an amoral hypocrite.
If a prosecutor is allowed to broadly and unilaterally limit the application of the law then she is effectively changing the law and that is not her place. If allowed then the next case we would hear is the one claiming existing law is unfair because it isn't consistently applied (the argument is already made in this article); people in her part of the state were not subject to the entire spectrum of punishment so no-one in the state should be.
8
Wrong, it's called prosecutorial discretion, and it's exercised by all prosecutors nationwide. She was elected by the voters in her circuit, to exercise that discretion. She is not changing the law, she's deciding what punishment to seek, where the law allows options and such decision must be made.
3
What law is it that Ms. Ayala is "broadly and unilaterally" limiting? The article clearly states that there are no federal or state laws that require prosecutors to seek death sentences, and that the US Supreme court "has banned all state laws that make executions mandatory for murders."
1
My reaction to this article was so what else is new, Governor Scott runs things like an autocrat. He has a long history (thankfully coming to an end via term limits and hopefully with that his political career) of petulant behavior, do what I want or else.
Then I read your commentary! Wow! You have really given me something very meaty to chew on. Brilliant, incisive comments. Thank you for making me see beyond myself.
Then I read your commentary! Wow! You have really given me something very meaty to chew on. Brilliant, incisive comments. Thank you for making me see beyond myself.
I am opposed to the death penalty; it is not an effective deterrent. That said, Scott is right, the State's Attorney doesn't get to ignore the law. It doesn't matter what her opinion is.
11
That's not the case, she does get to decide and the law is perfectly clear on that. Governor Scott is the one in the wrong.
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Sorry, Dan, you are incorrect. Prosecutors have discretion in determining in which cases they will seek the death penalty. There is no law on the books that requires prosecutors to seek the death penalty.
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@Dan M: I guess you missed this part: "Although Ms. Ayala’s critics have denounced her actions as dereliction of duty, they cannot point to a single law or statute that she has violated. That’s because she hasn’t. There are no federal or state laws that say prosecutors must seek death sentences."
She hasn't ignored the law.
She hasn't ignored the law.
3
Ms. Ayala has "challenged" the Florida snake; she's within the legal constraints and she's brave.
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Scott represents everything that is wrong with the Republican party, and what's worse, he does it without a conscience.
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We should remember his unfortunate tenure as head of Columbia HCA before he was elected Governor of Florida.
2
And worst of all - he had the audacity to be freely elected - like all of the other Republicans that dominate Washington and most states.
Governor Scott should stick to what he knows: ripping people off in the health care business.
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We Florida voters have known since before he was first elected governor nearly eight years ago that he was either a criminal or criminally negligent in running his business, yet somehow he got a majority of the vote.
What does this tell you about the electorate?
What does this tell you about the electorate?
5
Too bad there isn't a death penalty for the guy who headed the company which perpetrated the largest Medicare fraud in US history and was fined $1.7 billion.
4
Scott is taking after Trump and believes in this new environment he can get away with it. And he probably can.
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What happened to "It is better that ten guilty persons escape than that one innocent suffer"? (Blackstone's formulation)
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I agree with the Blackstone formulation.
However that is not the issue here.
It is NOT 'Better that ten guilty go free than one innocent be executed'
but rather "Better that 10 vicious criminals receive life without parole instead of execution rather than one innocent person be executed"
The choice is not execution or freedom but between execution and life without parole.
However that is not the issue here.
It is NOT 'Better that ten guilty go free than one innocent be executed'
but rather "Better that 10 vicious criminals receive life without parole instead of execution rather than one innocent person be executed"
The choice is not execution or freedom but between execution and life without parole.
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What would really put a cherry on this sundae is if the jury were to find the defendant guilty, and then 5 or 10 years later see him exonerated via some new DNA technique.
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In this case it is extremely unlikely that DNA evidence will exonerate the defendant (I live in central Florida where coverage of this incident was intense). Still, how can we decide what the penalty should be before the person has been convicted and all the evidence considered? This case is very emotionally charged in this area, and I know a good number of people who have already decided the killer should be executed.
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The author's views and the comments herein conveniently ignore the real issue which is that Ayala publicly flouted her position that she was going to substitute her personal views for those of the Florida legislature. The author may be one of those legislators presently, but I doubt he was around in 1845 when Section 1 of the Florida Statutes adopted the law of England as of July 4, 1776 as the law of Florida, and that law subsumed the death penalty for aggravated murder. Death for heinous murder, and the prosecutorial obligation to consider it, has long been the public policy of the state. To be sure, Florida law has gone through many iterations since 1845, and Florida recently held a legislative session on death penalty reform, but the author like so many death penalty foes would prefer to characterize Ayala as the victim and the white governor as the attacker. That may make good headlines, especially when the author uses unsupported conclusory statements in his opinion piece to support his feeble victim based arguments, but the law is clear that Governor Scott has the authority to move Ayala's murder cases to another State Attorney who will review each case individually, not collectively. It is also clear that the citizens of Florida deserve a prosecutor who does his or her job free of personal prejudices.
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Why should not the governor leave his personal prejudices out of his official duties?
3
Ever heard of prosecutorial discretion? It's up to her to decide what punishment is appropriate. Furthermore, she was elected AG by the majority of Floridians, so her position represents the will of the people. To quote McConnell, when he violated his constitutional obligation to place Merrill Garland's nomination up for vote, "Let the voters decide." And in Florida they did.
1
This is 2017, not 1845.
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Governor Scott's decision regarding Ms. Ayala is simply another example of an ideologue irrationally forcing his will on Florida, regardless of whether it represents the people's wishes or not. I can only hope that there is a legal avenue for Ms. Ayala to take to overturn the Governor's decision and return judicial independence to her district.
Governor Scott is very close to President Trump, a part of his inner circle. I'm sure that's why he's considering a run for the Senate against Bill Nelson in 2018. Hopefully he'll receive his comeuppance then and, thankfully, recede deep into Florida's history.
Governor Scott is very close to President Trump, a part of his inner circle. I'm sure that's why he's considering a run for the Senate against Bill Nelson in 2018. Hopefully he'll receive his comeuppance then and, thankfully, recede deep into Florida's history.
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Great commentary-well grounded in established higher principles.
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That the majority, of Florida's GOP voters, were ever able to elect Scott, in the first place, is allots as obnoxious as the national GOP being able to get the demagogue Trump elected.
As to support of the death penalty; I've learned, from living in Georgia, South Carolina, Oklahoma, and, now Arizona, that the majority of voting white Christians, support the death penalty, because their Christian god , supports the death penalty.
How they know this, should be obvious.
Christianity owes it's origin, and current existence, to the Christian god's use of the death penalty, to kill his son; and the Christian god even, therefore, supports a torturous death (do you hear this, Red State death penalty proponents?)
So, until the Chrsitian god tells all Protestants, to stop using the death penalty (as the Christian god, has already told the Pope) Red States should use crucifixion to murder its murders, and do in a public arena, like the Romans used to do, with admission charges going into a fund, to support conservative candidates, who promise to continue to conserve the death penalty.
As to support of the death penalty; I've learned, from living in Georgia, South Carolina, Oklahoma, and, now Arizona, that the majority of voting white Christians, support the death penalty, because their Christian god , supports the death penalty.
How they know this, should be obvious.
Christianity owes it's origin, and current existence, to the Christian god's use of the death penalty, to kill his son; and the Christian god even, therefore, supports a torturous death (do you hear this, Red State death penalty proponents?)
So, until the Chrsitian god tells all Protestants, to stop using the death penalty (as the Christian god, has already told the Pope) Red States should use crucifixion to murder its murders, and do in a public arena, like the Romans used to do, with admission charges going into a fund, to support conservative candidates, who promise to continue to conserve the death penalty.
Governor Scott acted out of justice not vengeance. The people of Florida have stated that the death penalty is appropriate for capital crimes. The arrogant state attorney decided to thwart the will of the people. It was not a matter of exercising her discretionary authority in particular cases, but substituting her personal beliefs for the rule of law. The governor had no other choice but to remove her from all cases that carried a maximum sentence of death. Hopefully, Ayala will be removed from office come the next election.
8
Wrong, she wasn't elected statewide, she was elected by voters in her judicial circuit only. Every prosecutor in every circuit in Florida has prosecutorial discretion. If you don't like that, then change the laws electing them. The cases she was removed from have a maximum POSSIBLE sentence of death, not a mandatory death sentence. If you don't like that, then change the sentencing laws. Her discretion was exercised, and just because you disagree with her choice, doesn't make her decision personal belief-based. Yours is, but you weren't elected by voters in that circuit, and she was.
4
Equally applies to Scott.
1
Discretion applies to particular cases not entire swaths of criminals. Ayala substituted her whims for law. Time for her to go.
2
The law of Florida provides for the death penalty in murder cases that are particularly gruesome. That might include a series of rape/murders of teens where the victims are burnt to death. After the 10th murder, the murderer continues on, knowing he won't be put to death. . Maybe it's not such a good policy to rule out the death penalty across the boards.
4
Do you honestly think that a serial killer or mass murderer is thinking about the penalty that will be imposed by the state? LOL!
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@Paul: States that inflict the death penalty actually have higher rates of violent crime, including murders, than states that do not. A number of studies have shown this, but I've never seen an explanation of why.
Maybe it's because criminals in more punitive states have a greater incentive to eliminate witnesses against them. Maybe living in a bloodthirsty culture is more conducive to killing.
Maybe it's because criminals in more punitive states have a greater incentive to eliminate witnesses against them. Maybe living in a bloodthirsty culture is more conducive to killing.
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Michjas: your hypothetical example is nonsense. No one is advocating allowing serial murderers to continue in their crimes. Life imprisonment without the possibility of parole not only protects society, but allows for the possibility of correcting any mistake if the wrong person was convicted.
If I recall correctly, Ted Bundy intentionally chose Florida for committing his final crimes, based on the belief that the state was the most likely one to actually execute him, if caught. Evidently, he looked forward to the notoriety.
If I recall correctly, Ted Bundy intentionally chose Florida for committing his final crimes, based on the belief that the state was the most likely one to actually execute him, if caught. Evidently, he looked forward to the notoriety.
1
Rick Scott needs to be in jail due to his medicare scam before he was governor. How did FL elect a medicare thief?
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They elected him TWICE. Hard to believe.
4
Abject stupidity abounds throughout the country.
2
The GOP has become infected on a national, state and perhaps even local level with a taste for authoritarian Trumpism and is pushing towards totalitarianism.
This is not good for anyone. The fight over the next 18 months is between the manipulation of the media by the alt-right government we now have and the electorates ability to see this for what it is....an abject failure and head long rush to Fascism. It is the abject failure that will cause the downfall of the GOP. This country wants what it wants and it wants it delivered now!
This is not good for anyone. The fight over the next 18 months is between the manipulation of the media by the alt-right government we now have and the electorates ability to see this for what it is....an abject failure and head long rush to Fascism. It is the abject failure that will cause the downfall of the GOP. This country wants what it wants and it wants it delivered now!
21
Scott is just another fraudulent CEO type who instead of being put in jail was elected to office.
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The death penalty is absolutely a deterrent. Unlike anything else society might do, the death penalty can guarantee that the individual executed will never kill again, either in prison or out. There are legalistic problems with the implementation of the death penalty that could be fixed legislatively or by legal precedent, but the death penalty remains necessary to affirm the value of the lives of the innocent victims of murder, bring closure to families, and to sustain an orderly society in which individuals are held accountable for their choices.
3
Don't hold your breath for statistics that demonstrate a positive correlation between low homicide rates and a death penalty. They don't exist.
9
If the death penalty is "absolutely a deterrent" then why aren't people deterred? I see your point that one person doesn't kill again. But, a deterrent is usually used to stop other people from doing something, not just one person. In that regard, the death penalty fails as a deterrent to crime. In spite of years of the death penalty, and the publicity of each and every execution, the murders go on and on and on. People don't seem to be deterred in the least.
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Outside of a zombie movie, have you ever heard of a dead person committing murder? It doesn't happen, hence the death penalty is a certain deterrent. It's purpose is to appropriately punish known killers, a reasonable thing to do for many reasons, not to deter future behavior by unknown persons uninvolved in the crime in question. Still, executions should be few and far between and guilt should be a certainty. Only the most egregious cases should lead to execution.
1
Rick Scott is the last person who should be suggesting legal approaches . Prior to becoming governor, he was implicated in the $1.7 Billion Medicare fraud scheme while head of HCA / Columbia Healthcare. He weaseled out of prosecution but pocketed plenty. Famously, during the trial he was asked by a prosecuting attorney to verify if it was indeed his signature on a piece of evidence. He shifted in his chair, squirmed and grimaced and said : "What is your question?"
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Scott's motive is race and women contempt. A twofer for the GOP base.
30
The death penalty has never been about justice. It is and always has been about vengeance. That never brought anyone back and as pointed out in the piece never deterred anyone from committing such an act. Vengeance just makes Republicans feel good about themselves nothing else.
25
I am personally opposed to the death penalty. However, there is a difference between exercising prosecutorial discretion and stating that you will not uphold a section of the law that you are charged with enforcing. The problem was this person's blanket objection to the death penalty. Prosecutors cannot pick and choose what laws they want. That is the job of the legislature. She should run for office.
4
Denis, read the article. Ayala DID "run for office" -- the office of prosecutor. She was elected by the people to make these decisions. Nor is she "picking and choosing" laws since there is no mandatory death penalty. It is always a choice.
2
"And while I felt that Florida was not ready to relinquish the death penalty, I tried to make it more fair." Can't be done. The state has no business slaying criminals. The belief that execution can be "fair," or that it can somehow be justified as the will of the people, is wrongheaded and demonstrably illogical.
Watching Rick Scott flounder each time he attempts to define policy reinforces the evidence of his intellectual and emotional incompetence for the position to which he was unfortunately elected.
Watching Rick Scott flounder each time he attempts to define policy reinforces the evidence of his intellectual and emotional incompetence for the position to which he was unfortunately elected.
20
Rick Scott, our Republican governor, is indeed in favor of inflicting execution, the death penalty, "terminating with extreme prejudice" and killing murderers. Scott stripped the first elected black state attorney, prosecutor Aramis D. Ayala, of her authority and removed her from 21 other murder cases to punish her for announcing she would no longer seek the death penalty. Jim Crow is still alive in Florida in the person of Rick Scott. Scott's overreaching by executive order and lack of respect for prosecutorial independence is egregious and outrageous. The US Supreme Court has banned all state laws that make executions mandatory for murders. Governor Rick Scott is serving injustice. Vengeance is mine, Scott is saying. An eye for an eye, and nothing less.
21
Florida has refused to expand Medicaid to approximately 1 million of its residents under the ACA due to Republican orthodoxy; many of those residents die prematurely due to a lack of healthcare.
Florida's Stand Your Ground Law allows Florida residents to shoot first and ask questions later.
And now, the Republican thirst for death has hijacked Florida's legal system to ensure public executions get their day in court.
"Death to Floridians !"
GOP 2017
Florida's Stand Your Ground Law allows Florida residents to shoot first and ask questions later.
And now, the Republican thirst for death has hijacked Florida's legal system to ensure public executions get their day in court.
"Death to Floridians !"
GOP 2017
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Let's not forget Florida gave us GW Bush and his wars, via their hanging chads.
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you might have finished with "Not!"
GOP compassion is spent only on fetuses.
3
That the executive should interfere with the proper procedures of the law is intolerable. That's what Putin is doing, what Erdogan is doing, what ever dictator does. This action should immediately be taken to court because it is vital to democracy to keep the separation of powers. Republicans who scream loss of freedom because the government is helping poor people pay their health insurance should be yelling at this power grab. The governor is following Trump in thinking that he has the authority to take individual actions.
143
I wish liberals had as much compassion for the victims of violent crimes as they do for the criminals themselves.
4
Why is it that some people think that reflecting on what type of punishment is best under certain circumstances is proof that one does not feel compassion for the victims. And do they by this perspective want to indicate a kind of moral superiority which they do not have?
3
@Eric: Liberals do have as much compassion for the victims as for the perpetrators.
Don't you think that Stephanie Dixon-Daniels, the mother of the murdered woman cited in this article, was a victim? She said that imposition of the death penalty would continue “to drag us back in court and relive this violent, hideous act.”
Maybe you should read more carefully.
Don't you think that Stephanie Dixon-Daniels, the mother of the murdered woman cited in this article, was a victim? She said that imposition of the death penalty would continue “to drag us back in court and relive this violent, hideous act.”
Maybe you should read more carefully.
5
The death penalty is only ever about one thing: The bloodlust that some people feel in the pursuit of revenge. This disgusting and primal human trait is best left on the trashheap of the troglodytes. That conservatives promote it speaks volumes about their philosophical choices.
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Not all of us progressives oppose capital punishment on simply moral grounds. Some of us have no problem with it, call it justice or revenge. Zilch. What we do have a problem with is the fact that the court system is not infallible, and far too often in this country we have convicted the wrong man. The possibility of killing an innocent man is not something that should be taken lightly. That alone is sufficient grounds to oppose the death penalty in a civilized society.
This case is troubling on several grounds.. But what is most troubling is the continuation of a pattern. It seems that we are in an era where the executive branch of government, even at a state level, feels unrestrained towards manipulating the justice system. I hope that the Florida courts system can hold the governor accountable. No governor, nor president, should think they have unlimited power.
This case is troubling on several grounds.. But what is most troubling is the continuation of a pattern. It seems that we are in an era where the executive branch of government, even at a state level, feels unrestrained towards manipulating the justice system. I hope that the Florida courts system can hold the governor accountable. No governor, nor president, should think they have unlimited power.
210
Last week saw the exoneration of the 200th man on death row proven innocent by new DNA evidence. Extrapolate that out over thousands of executions, and you know that hundreds of innocent men - and some women? - were murdered in the name of justice.
300
Sadly, they do think they have unlimited power and they use it. The death penalty is wrong, not just because innocent people are convicted and sentenced and people who did the crime are unfairly sentenced, but because the State shouldn't kill people. I do oppose it on moral grounds and those who don't are wrong. People should not kill other people except when they are facing a life threatening situation. Let's talk about hold your ground and its moral implications.
9
Antonin Scalia thought that executing the innocent was A-OK.
I'd wager that Neil Gorsuch feels the same way.
I'd wager that Neil Gorsuch feels the same way.
6
State's attorneys can be low key and professional or they can be outspoken and ambitious. There's no question which category Ms. Ayala belongs to. State's attorneys have the discretion to seek the death penalty or not in aggravated murder cases. All Ms. Ayala had to do was never to exercise her discretion in favor of the death penalty, and, almost certainly, no one would have questioned her. Instead, she chose to make an issue out of her political view, which no doubt knew knew would offend the governor. And in turn all those cases she could have passed on are now death penalty cases in another district. Ms. Ayala's ambitions got in the way of multiple lives. She's no hero to me.
8
If only she had not stirred things up, amirite?
The point missed in your claims of her self interest is the fact that the governor stepped in where he had no business. Much like authoritarians elsewhere, there is contempt for process. She was elected. Her voters can usher her out of office if they want. It is the governor's overreach that is the real issue here. He is not king.
The point missed in your claims of her self interest is the fact that the governor stepped in where he had no business. Much like authoritarians elsewhere, there is contempt for process. She was elected. Her voters can usher her out of office if they want. It is the governor's overreach that is the real issue here. He is not king.
18
It is not difficult to offend this governor. Revenge is his middle name. I live in FL and Ms. Ayala is a hero to me and many others. It is way past time to speak out openly and forcefully against the death penalty as human consciousness evolves beyond revenge as a motive.
15
Ayala's political views offend law abiding Floridians who care about their own safety and the safety of their family members. Thank you, Rick Scott, even though I previously didn't vote for you. The Dems' apparent love for cop killers has prompted me to change my affiliation.
Another example of how authoritarian executives are tearing the fabric of USA justice.
178
This article isn't about the death penalty, it's about Florida's own version of Trump... Rick Scott, the GOP governor and loose cannon who plans to run for national office and become everyone's problem. As this article says, he's vengeful and without regard for due process or law; but his flaws don't stop there. Truly, "the Trump of Florida" says it all. T
We're seeing multiple states with Trump-like governors - LePage of Maine, Scott in Florida - and that to me is the scariest thing: a whole bench full of them, ready to surge up to the national level, supported by voters and political machines.
We're seeing multiple states with Trump-like governors - LePage of Maine, Scott in Florida - and that to me is the scariest thing: a whole bench full of them, ready to surge up to the national level, supported by voters and political machines.
432
Bruce Rauner (IL).
And supported by money.
Why isn't Rick Scott in jail.
Laws don't apply to rich criminals.
Why isn't Rick Scott in jail.
Laws don't apply to rich criminals.
The people of Florida had the opportunity to rid themselves of the vengeful governor, they chose not to. Elections have consequences.
104
You're right, Peter. And this makes me feel very discouraged about the democratic process and the electorate. What makes vengeful, mostly male, bullies so popular these days.
9
And in this case, the consequences are too high and cannot be left unattended; for they go beyond a bill or supreme court justice. This is about people's lives.
Florida governor Rick Scott's executive order stripping a state attorney of her prosecutorial authority is yet another example of how some Republicans disdain the rule of law by politicizing legal decisions with which he disagrees. Disgraceful!
352
Yes, they hate those executive orders until they use them. "Republican" is an alternate fact/spelling for "Hypocrite."
3
Equally disgraceful is a state attorney unilaterally taking a punishment off the table because it is "not in the interests of her jurisdiction". That kind of blanket decision is a decision for the legislature, not the judiciary.
1
Florida, and it's application of the death penalty is fraught on its best days. The law providing for the use of the death penalty has undergone several iterations and suffered legal setbacks at both the state and federal level. Uncertainty prevails as to how many now serving may be eligible for new trials or commutation of the their death sentences. Throughout, the governor has sided with the most liberal use of death as a means of carrying out justice.
Though he ran as an outsider to government, the one part of government he is behind is killing people for their offenses. Aside from the empirical data that prove it to be ineffective, unjustly applied and massively expensive, Scott supports it bigly.
It seems to me, a yellow dog Democrat, that if you want a litmus test to determine if a government is not too big or powerful, whether or not it killed its citizens would be a good place to start.
Scott who ran and won on the notion that you couldn't trust government, now endows government with Solomon like abilities.
Though he ran as an outsider to government, the one part of government he is behind is killing people for their offenses. Aside from the empirical data that prove it to be ineffective, unjustly applied and massively expensive, Scott supports it bigly.
It seems to me, a yellow dog Democrat, that if you want a litmus test to determine if a government is not too big or powerful, whether or not it killed its citizens would be a good place to start.
Scott who ran and won on the notion that you couldn't trust government, now endows government with Solomon like abilities.
87
Suppose the law abiding citizens, tax payers and voters disagree with you? Suppose they value their own safety, the safety of their families, and the right to keep the possessions they paid for? Suppose they want a government that protects law abiding citizens and THEIR rights?
It is the Scotts, the Brownbacks, the Walkers, and yes, the LePages who make government untrustworthy. They are arbitrary, corrupt, and dogmatic. There is little difference between them and other tyrants in developing countries. They would be right at home running a government in Africa.
Why do people vote for them? Their rise has been facilitated by giving a broadcast license to Fox and hate radio coupled with unlimited money from anti democratic forces like ALEC and the Koch brothers' network. Jointly, they distort the message and demean the character of any politician who does not support their authoritarian agenda.
As we saw last week with the health care bill, these forces don't like Trump because he hasn't gone far enough for them - yet. He wants their approval, so he will.
Oddly, we look outside our country for threats, while the greatest ones are within. Democracy is on the ropes, folks. As Joni Mitchell told us, you don't know what you've got until you lose it.
We are in serious danger.
Why do people vote for them? Their rise has been facilitated by giving a broadcast license to Fox and hate radio coupled with unlimited money from anti democratic forces like ALEC and the Koch brothers' network. Jointly, they distort the message and demean the character of any politician who does not support their authoritarian agenda.
As we saw last week with the health care bill, these forces don't like Trump because he hasn't gone far enough for them - yet. He wants their approval, so he will.
Oddly, we look outside our country for threats, while the greatest ones are within. Democracy is on the ropes, folks. As Joni Mitchell told us, you don't know what you've got until you lose it.
We are in serious danger.
6
More broadly speaking, imposing a death penalty should never be termed "preventative". It isn't. Nor should any other euphemism be employed to explain its use. It is retribution, plain and simple. Society has the right to punish offenders, including the right to exact equal treatment. Killing cops is no more offending than killing grandmas, unarmed citizens in their hallways, or school kids on recess. Murder is murder and if a society wants to impose the ultimate punishment, so be it - whether the guilty is a terrorist, a cop or the run of the mill lowlife. Stop the mealy-mouth. It's punishment. Either you apply justice that way or you don't. Society's choice. But let's stop infantilizing the discussion.
25
In all fairness, capital punishment IS, on occasion, "preventive". Ted Bundy murdered more people every time he escaped from prison (including, the last time, in Florida). Killing him is what prevented him killing more people, yet again.
I think she should run for governor.
448
Oh she already is Johnny P.
Otherwise logic and sound judgement would have led her to simply quietly exercise her discretion in all capital cases she handles.
Otherwise logic and sound judgement would have led her to simply quietly exercise her discretion in all capital cases she handles.
1
That's why New York is so great.
or President.
1
Supposedly, the issue is whether the governor can restrict the policy decision of the state attorney. Of course, that issue could come up in the opposite situation --a governor could ban a cowboy state attorney from bringing too many death penalty cases. In that case, you can be sure, the authority of the governor would be defended.
As usual, the stated principles here are artificial and insincere. Nobody cares about the relative authority of the governor and the state attorney. They just want to have their way on the death penalty. The death penalty is an important issue, of course. Hypocritical arguments are entirely improper.
As usual, the stated principles here are artificial and insincere. Nobody cares about the relative authority of the governor and the state attorney. They just want to have their way on the death penalty. The death penalty is an important issue, of course. Hypocritical arguments are entirely improper.
7
Actually we did have a "cowboy" prosecutor, Angela Corey. The voters sent her packing.
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In fact, many residents in Florida care about the "relative authority" of the governor. The suggestion that the governor "could ban" a prosecutor for seeking too many death sentences is non-sense. There is no authority to do so. (If a governor disagrees with a death sentence he need not sign a warrant - a response which has not happened in over 3 decades in Florida.) As the editorial suggests, Florida vests total discretion with a state attorney (an elected official) as to what charge to bring - indeed whether to bring a charge at all. By his actions, Gov. Scott is flouting the law and the will of the voters who selected this state attorney. The governor is simply asserting himself into a high profile case without legal authority in order to prime his base for his upcoming Senate race against Democrat Bill Nelson.
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Another GOP governor inserted himself into a state case over Terri Schivo. In that case, the governor wanted to extend life support for a woman who had been brain dead for decades. Ironic, isn't it, that Florida governors assume the sole power to determine life and death.
Lets also remember that Scott, himself, should be in jail for Medicaid fraud. His health care company overcharged and billed the federal government for non-existing services. Scott, take the beam out of your own eye first.
Lets also remember that Scott, himself, should be in jail for Medicaid fraud. His health care company overcharged and billed the federal government for non-existing services. Scott, take the beam out of your own eye first.
7
Critical thinking hsas never treated Scott well. I live in a very conservative county in Florida, with more churches than 'peanuts' and whose inhabitants praise Scott for his vengeance!
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I'll wager that these people who praise Scott and howl for the death penalty all "pro-life", and follow Jesus - on Sundays.
"More churches than peanuts," says it all. Once again religion raises its ugly head. . . . Shades of Winston-Salem Witch Trials:
"The Salem witch trials occurred in colonial Massachusetts between 1692 and 1693. More than 200 people were accused of practicing witchcraft—the Devil's magic—and 20 were executed. Eventually, the colony admitted the trials were a mistake and compensated the families of those convicted" --Smithsonian.
"The Salem witch trials occurred in colonial Massachusetts between 1692 and 1693. More than 200 people were accused of practicing witchcraft—the Devil's magic—and 20 were executed. Eventually, the colony admitted the trials were a mistake and compensated the families of those convicted" --Smithsonian.
No person should be put to death at the hands of another person, regardless of circumstance. I applaud the efforts and stance of the prosecutor.
An eye for an eye will only make the world blind.
An eye for an eye will only make the world blind.
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The only way to be certain of not executing an innocent person is to execute no one.
In NYC everyone "knew" the Central Park 5 were guilty ,They confessed,
If the jogger had died and NYS had the death penalty 5 INNOCENT youths would have been fried.
There is no absolute certainty.
Witnesses can err;lab tests have false positives; confessions can be coerced.
Comparison of homicide /crime rates in similar states one with the death penalty and the other without do not support the hypothesis that the death penalty is a deterrent.
In their eagerness to execute vicious criminals some are willing to accept the possibility of executing an innocent.
I understand their feelings of revulsion at vicious crimes.
If there were a magic wand that could in EVERY case determine
guilt /innocence with ABSOLUTE certainty I could support the death penalty.
But no such wand exists.
Life without parole [where without must mean without] prevents the criminal from committing another crime but allows for reversal if an error is found.
The death penalty is final. There is no reversal.
Is it better to have a death penalty so vicious criminals can be executed if that means an innocent person might be executed or is it better to abolish the death penalty so that no innocent person is executed even if vicious criminals escape execution.
I oppose the death penalty because of the risk of executing an innocent person.
My guess is that this prosecutor shares that view.
In NYC everyone "knew" the Central Park 5 were guilty ,They confessed,
If the jogger had died and NYS had the death penalty 5 INNOCENT youths would have been fried.
There is no absolute certainty.
Witnesses can err;lab tests have false positives; confessions can be coerced.
Comparison of homicide /crime rates in similar states one with the death penalty and the other without do not support the hypothesis that the death penalty is a deterrent.
In their eagerness to execute vicious criminals some are willing to accept the possibility of executing an innocent.
I understand their feelings of revulsion at vicious crimes.
If there were a magic wand that could in EVERY case determine
guilt /innocence with ABSOLUTE certainty I could support the death penalty.
But no such wand exists.
Life without parole [where without must mean without] prevents the criminal from committing another crime but allows for reversal if an error is found.
The death penalty is final. There is no reversal.
Is it better to have a death penalty so vicious criminals can be executed if that means an innocent person might be executed or is it better to abolish the death penalty so that no innocent person is executed even if vicious criminals escape execution.
I oppose the death penalty because of the risk of executing an innocent person.
My guess is that this prosecutor shares that view.
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1.) The vast majority of DP case are state court convictions. They are then appealed to the state appellate level courts, and then on to the state supreme court; and then (sometimes) SCOTUS. It's still not over. THEN they go to federal district courts, and then the federal courts of appeal, and then (sometimes, or again) to SCOTUS.
4) The process is slow and painstaking because judges and staff must review voluminous records AND because DP law is like a labyrinth: each time SCOTUS makes a decision, it changes the law in one small way. Mastering, and then applying, an ad hoc, century-long judicial process of developing death penalty law is complicated.
5) Florida Supreme Court Justices spend 50% of their time on death penalty cases.
This is expensive. When I was a law clerk to a federal judge who had one - just one - death penalty case on his docket. It took me the better part of a year to get my hands around the record, learn and understand the applicable law, and draft two 100+ page orders, and do it with the type of precision and attention that commercial disputes and other types of cases simply do not demand. Tax-payers funded my salary.
Just one link in that chain of appeals, for just one prisoner, cost the judiciary well over $100k all-in, which doesn't touch the cost of prosecution and defense for that one link, which is also substantial.