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February 2, 2017

"The Predictable Disarray: Ignoring the Jury in Florida Death Penalty Cases"

The title of this post is the title of this new paper now available via SSRN authored by Michael Radelet and G. Ben Cohen. Here is the abstract:

Both the United States Supreme Court, and the Florida Supreme Court have now made it clear that the Florida death penalty statutes that have been in use over the past 45 years are unconstitutional.  This result has been predicted since the original adoption of the statutes, and made clear by the Supreme Court's decisions in Sullivan v. Louisiana, Apprendi v. New Jersey, and Ring v. Arizona.

How the courts address the 393 prisoners currently on Florida's death row, sentenced to death under an unconstitutional statute, is yet to be determined. This paper reviews the history of the Florida death penalty statutes and provides a census of cases in Florida.

February 2, 2017 at 08:39 AM | Permalink

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