Florida's death penalty problems and recommendations.

The Florida team's specific recommendations to improve the fairness and accuracy of Florida's death penalty system include:

1. FLORIDA SHOULD PROTECT INNOCENT DEATH-ROW INMATES BY INVESTIGATING FLORIDA'S WRONGFUL CONVICTIONS AND BY PREVENTING SIMILAR INJUSTICES IN THE FUTURE.

   Florida leads the nation in death-row exonerations. Since 1973, the State of Florida has exonerated 22 death-row inmates, significantly more than any other state. Combined, these death-row inmates served approximately 150 years in prison before being released; one died of cancer prior to being exonerated. Florida executed 60 death-row inmates during this same time period, resulting in more than one exoneration for every three executions.

   Because of the high number of exonerations in Florida, the state should create two independent commissions in order to: (a) establish the cause of wrongful convictions in capital cases and recommend changes to prevent future wrongful convictions in these cases; and (b) review claims of factual innocence in capital cases that, if sustained, would be reviewed by a panel of judges.

2. FLORIDA SHOULD ENSURE THAT ALL CAPITAL DEFENDANTS RECEIVE ADEQUATELY COMPENSATED LAWYERS DURING TRIAL.

   The State of Florida has in place a statutory fee cap of $3,500 for conflict trial counsel in death penalty cases. Moreover, conflict trial counsel are usually ineligible for compensation until the final disposition of the case, unless they have been providing legal services on the case for more than one year. The statutory fee cap, even if it may be exceed in "extraordinary and unusual cases," and the failure to regularly provide for partial payments, have the potential to dissuade the most experienced and qualified attorneys from taking capital cases and may preclude those attorneys who do take these cases from having the funds necessary to present a vigorous defense.

   The State of Florida should take steps to ensure that all conflict trial counsel in death penalty cases are properly compensated. Specifically, the State of Florida should eliminate the statutory fee cap and allow greater flexibility for obtaining interim payments for services.

3. FLORIDA SHOULD ENSURE THAT ALL DEATH SENTENCED INMATES RECEIVE PROPERLY QUALIFIED AND COMPENSATED LAWYERS DURING STATE POST-CONVICTION PROCEEDINGS.

   The Florida statutory qualification requirements are insufficient to ensure qualified counsel for every death-sentenced inmate. Registry attorneys need only minimal trial...