Question for a lawyer.

[Towlie]

Florida shooter willing to plead guilty to avoid death penalty, attorney says

Is this correct? Can the state really threaten an accused person with death as punishment for pleading "not guilty"? Does our Constitution allow that?

[no_hypocrisy]

1. It's been done before.

A young man in 1957 was accused to bludgeoning to death a 15 year old girl. He went to trial and was convicted. He was on death row for 14+ years while the courts decided whether the death penalty was constitutional.

When the USSC determined that the DP was unconstitutional, he was left with life in prison. His new attorney arranged a plea deal: if he changed his plea to guilty and gave evidence, he would be released from prison as time served. And so he pleaded guilty. And he was out.

With the Florida shooter, this also is likely a plea deal. With murder, the penalty can be life in prison or the death penalty. By pleading guilty, there is (the illusion) of the accused taking responsibility for his/her actions, the state is spared a trial, and justice is (allegedly) served.

And to your question, the State "threatens" the accused with the potential for the death penalty if s/he goes to trial and is convicted. By taking a plea deal and pleading guilty, death is off the table.

[handmade34]

2. no lawyer here

but I see it on TV. ...and I don't think it is a threat as much as a reality... not a certainty that the death penalty will ensue but a possibility

[HopeAgain]

3. Yes they can because that is a plea bargain

As long as the Defendant has or has been offered counsel, the prosecutor can accept or reject any terms offered or go for the maximum penalty at trial.