Justus v. Florida

Background

Buddy Earl Justus was convicted of a 1978 murder. In 1979, Florida added a new aggravating factor to its death-penalty law allowing judges and juries to treat crimes described as "cold, calculated, and premeditated" as especially bad. Justus was tried and convicted in 1980, and the sentencing judge relied on two aggravating factors, including the one added after his crime. The Supreme Court denied review of the Florida court’s decision.

Reasoning

The central question was whether applying Florida’s new aggravating factor after the crime violated the Constitution’s ban on retroactive punishments — the Weaver test asks whether a change is retrospective and more burdensome. Florida’s courts and the State argued the new factor did not make things worse because premeditation was already an element of the murder charge. Justice Marshall, in dissent, explained that the new factor is not identical to ordinary premeditation, made it easier for the judge to impose death, and therefore was more onerous under the Weaver standard.

Real world impact

Because the Court refused review, the Florida decision and the death sentence remain in place for now. The case shows how changes to a state’s death-penalty rules can affect sentences for crimes committed earlier. The denial is not a final national ruling on the underlying constitutional question, so the legal debate over retroactive sentencing rules could continue in other cases.

Dissents or concurrances

Justice Marshall dissented, arguing the retroactive aggravating factor violated the ban on retroactive punishment and saying he would have granted review and vacated the death sentence; he also reiterated his view that the death penalty is always unconstitutional.