NAACP Florida State Conference Files Amicus Brief Opposing Florida’s Non-Unanimous Capital Sentencing Law

FOR IMMEDIATE RELEASE

August 26, 2026

Leesburg, FL. — The NAACP Florida State Conference has filed an amicus brief before the U.S. Supreme Court in Jackson v. Florida, challenging the state's Non-Unanimous Amendment in capital sentencing cases. The brief argues that the law intentionally dilutes and silences the voices of Black jurors, undermining both the constitutional rights of Black citizens and the core integrity of the judicial process.

Passed in 2023, following the high-profile sentencing in the Nikolas Cruz trial, the Florida Legislature altered capital sentencing rules to allow death sentences to be imposed without a unanimous jury decision. Under the law, a judge may sentence a defendant to death even if up to one-third of the empaneled jury dissents. This year alone, Florida executed more than a dozen people.

In its filing, the NAACP Florida State Conference highlights that the amendment was enacted with full awareness of its disproportionate racial impact and in direct conflict with the U.S. Supreme Court's precedent in Ramos v. Louisiana, which recognized the deep racial roots and unconstitutional nature of non-unanimous jury verdicts. Because Black people typically make up less than 33.3% of any jury in Florida, their votes can be nullified.

"Florida's non-unanimous jury standard was designed to bypass dissenting voices, effectively locking Black citizens out of meaningful deliberation in the jury box," said Pamela Burch Fort, NAACP Florida State Conference. "Democracy relies on every voice being heard, especially when human life is on the line. By allowing a court to disregard the votes of up to a third of a jury, the state is knowingly diminishing the influence of Black jurors and reviving a painful legacy of disenfranchisement. We are asking the Supreme Court to strike down this harmful law and uphold true equal justice under the law."

The amicus brief emphasizes several critical findings regarding the law's discriminatory effect, such as silencing minority viewpoints, geographic and demographic disparity, and violation of precedent. The NAACP supports the Florida State Conference and remains committed to dismantling systemic racism and safeguarding the civil rights of all Floridians.

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The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.

NOTE: The Legal Defense Fund – also referred to as the NAACP-LDF – was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.

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