DeSantis’ ‘law and order’ agenda: execute child rapists, target rainbow fentanyl, ban no-cash bail

Gov. Ron DeSantis’ pro-death penalty agenda grew wider on Thursday when he called for capital punishment for anyone who sexually assaults a child, even when the attacks don’t result in the child’s death.

That would require the U.S. Supreme Court to overturn its 2008 precedent reserving the death sentence only for crimes that result in death, but DeSantis said he’s eager to try.

“We believe that that precedent was wrong. We do not believe the Supreme Court in its current iteration would uphold it. And so, we are going to be exploring ways to facilitate some capital trials if you have the worst of the worst,” the governor said during a news conference at a Police Benevolent Association auditorium in Miami.

In remarks that uniformed officers and other audience members punctuated with applause, DeSantis cast that proposal among a “law and order” platform he’s proposing the Florida Legislature enact when it gathers for its regular session beginning in March.

Other changes he’s seeking would:

• Allow imposition of the death sentences with less-than-unanimous votes by juries.
• Outlaw no-cash bail.
• Enact tougher sentences for pushing “rainbow” fentanyl.
• Provide $20 million to local law enforcement agencies to target fentanyl trafficking.
• Continue enforcement efforts against human trafficking.

“We want to make sure that we cement our reputation for being a law-and-order state and take action necessary to help further protect the people of the state of Florida,” DeSantis said.

He added he consulted with Moody and members of the Legislature in deciding his priorities.

Supermajority jury votes

DeSantis had already called for allowing nonunanimous juries to impose the death penalty; he did so after a Broward County jury voted, 9-3, to sentence Marjorie Stoneman Douglas High School shooter Nicholas Cruz to life in prison instead of execution.

On Thursday, he suggested a supermajority vote to impose death; one day earlier, he reportedly suggested that eight jurors could agree.

State law now requires a unanimous vote, but that was based on a Florida Supreme Court precedent that the court, now dominated by DeSantis appointees, has already reversed. The governor said he’ll ask the Legislature to change the law accordingly.

The governor suggested capital punishment opponents might seek to be seated in a capital case precisely to “scuttle” imposition of the death penalty. (They technically are not allowed to serve unless they agree to honestly consider all sentencing option including death — it’s called being “death qualified.”)

Executing molesters

As for imposing the death penalty for child sex assault when no victim is killed, the U.S. Supreme Court declared that “grossly disproportionate” and an “excessive punishment” with adult victims in 1976. The matter came up again in 2008 in the case of a Louisiana man convicted of raping his 8-year-old stepdaughter.

The court ruled, 5-4, that execution under these circumstances would constitute cruel and unusual punishment given how few states were attempting to enforce such penalties at the time.

The Death Penalty Information Center notes amicus briefs arguing that deciding otherwise would discourage reporting of molestation, subject victims to protracted court hearings and appeals, and incentivize molesters against leaving behind any living witnesses.

One of DeSantis’ stated concerns was that they might one day reoffend. “So, I believe that if you have somebody who’s done that, you know, I believe the only appropriate punishment that would be commensurate with that would be capital,” he said, noting that he is father to three young children.

“The problem with that is, you have some of these sex predators that will abuse these very, very young children, do it habitually. And I’m just thinking to myself, you know, you’re ruining those kids’ lives. These are innocent kids; sometimes these are like 6-, 7-, 8-year-old kids,” DeSantis said.

“We understand that would be challenged, but I think it’s right for us to challenge a decision that wasn’t well thought out and was very narrowly decided and I don’t think would be upheld when you’re talking about some of the worst of the worst.”

At the very least, he said, life in prison would be appropriate “because they will reoffend if you put them back on the street.”

He also wants to deny gain time (shorter sentences to reward good behavior behind bars) for anyone convicted for attempted sexual assault or battery. “Your criminal intent was the same as somebody that actually committed it,” DeSantis said.

Fentanyl

DeSantis promised a crackdown on people distributing “rainbow” fentanyl — meaning brightly colored tablets that authorities including the Drug Enforcement Agency fear may be marketed to kids (other experts are skeptical).

Fentanyl is a synthetic opioid that’s 50 times more powerful than heroin that the U.S. Centers for Disease Control and Prevention has linked to 60 percent of the 107,622 drug overdoses recorded in 2021.

Specifically, the governor proposes making it a first-degree felony to “possess, sell, or manufacture fentanyl or other controlled substances to look like candy. And we’re going to add a mandatory life sentence and $1 million penalty if you’re targeting children,” he said.

Typically, first-degree felonies in Florida are punishable by up to 30 years in prison and fines of up to $10,000.

No-cash bail

DeSantis argued at length about the issue of no-cash bail, enacted most recently in Illinois but also in New York and New Jersey, according to a report by WCIA in Champaign, Ill. The idea is to make the justice system more equitable.

The cash bail and bond system is designed to encourage defendants to return to court or else lose the money they paid to secure their release pending trial. However, justice reform advocates argue it encourages impoverished defendants, guilty or not, to enter pleas simply to gain freedom, leaving then with criminal records that could bar them from many jobs.

DeSantis, however, argued these policies have already opened a revolving door for serial offenders.

“Just cycling people back onto the street where they can commit additional crimes, that is not helping these communities. So, we’re going to make sure that things like New York and Illinois … do not happen in Florida. So, we’re going to limit who is eligible for release prior to the first appearance,” DeSantis said.

“We’re going to make sure that judges are the ultimate decisionmaker when it comes to detention. Sometimes, you know, the prosecutor just let them go. And we have different flavors of prosecutors, as we’ve all seen.”

To that same end, DeSantis said he plans to ask the Florida Supreme Court to adopt a unified bond schedule to bind courts throughout the state according to the seriousness of a crime and the defendant’s record.