Tampa Criminal Lawyer Blog
The United States Constitution grants criminal defendants numerous rights to help ensure that they receive fair hearings. Among other things, the Constitution guarantees the right to a trial before a jury. As discussed in a recent Florida sex crime case, however, the right to a jury trial does not require a trial before a 12-person jury in most instances. If you are accused of committing a sex offense, you should talk to a Tampa sex crime defense lawyer about your possible defenses.
Factual and Procedural Background
It is alleged that the defendant was charged with three sex crimes for offenses that occurred between March and May 2020. Florida law provides for a six-person jury in non-capital cases. The trial court empaneled a six-person jury as the defendant’s charges did not qualify for a twelve-person jury because the death penalty was not applicable to the offenses at the time they were committed. During the trial, the court granted the defendant’s motion for judgment of acquittal on one count of capital sexual battery.
Reportedly, the jury then convicted the defendant of one count of battery, a lesser-included offense, one count of capital sexual battery, and one count of lewd or lascivious molestation. The trial court sentenced the defendant to life in prison without the possibility of parole for the capital sexual battery and molestation charges and to time served for the battery count. The defendant appealed, arguing that the use of a six-person jury violated his constitutional rights, claiming he was entitled to a 12-person jury under the Sixth and Fourteenth Amendments.
The Right to a 12-Person Jury
On appeal, the court reviewed the defendant’s claim under the fundamental error standard, as the issue had not been raised at trial. The defendant argued that his constitutional rights were violated by the empaneling of a six-person jury, asserting that a twelve-person jury was necessary for his case.
However, the court rejected this argument, noting that under Florida law, only capital cases where the death penalty is a possible punishment require a twelve-person jury. The court cited the United States Supreme Court’s decision in Williams v. Florida, which held that the Sixth Amendment does not mandate a twelve-person jury for non-capital cases.
The court further clarified that, although the offense of sexual battery of a child is labeled a “capital” crime under Florida law, it was not considered a “capital case” for jury purposes because the death penalty was not a permissible punishment at the time of the offense.
Although some jurists and legal scholars have questioned the continuing validity of Williams, the appellate court concluded that it remained binding precedent. Therefore, the court affirmed the trial court’s judgment, ruling that the use of a six-person jury did not violate the defendant’s constitutional rights, and upheld his convictions and sentences.
Confer with a Capable Tampa Criminal Defense Lawyer
If you are accused of committing a sex crime, it is essential to understand what steps you can take to protect your rights, and you should confer with an attorney. The capable Tampa sex crime defense lawyers at Hanlon Law can inform you of your options and formulate compelling arguments on your behalf. You can contact Hanlon Law using our online form or by calling 813-228-7095 to arrange a consultation.