Expanding juries.

The March 1 article on bills in the House and Senate to double the size of juries for life felonies raises interesting questions. I write to suggest that this is the "wrong jury issue," as well as to suggest, from a criminal trial attorney's perspective, why expanding juries for life felonies is unwise.

My first question is why the Legislature chose this issue, instead of the fact that Florida is the only state in the nation that allows a death penalty to be recommended, and potentially imposed, by a "bare majority" vote. "The death issue" is more pressing but less popular, it appears.

Expanding the size of a life-felony jury begs several questions: Are first PBLs [punishable of life] included? Will firearms enhancements, violent habitual offender status, Prison Releasee Reoffender status, 10-20-Life, etc., all qualify?

Currently, jurors are not permitted to be told of the potential penalties--they are chosen to determine the facts, and apply them to the law. Defense attorneys may find this "telegraphing the severity" helpful, but the state may not.

Given both sides are now permitted 10 strikes in a life felony, it allows both sides...