Implications of Hurst v. Florida

• In Event: Capital Punishment: Sentencing Dilemmas and Concerns

Abstract

The U.S. Supreme Court decision in Hurst v. Florida (2016) has already had an impact on the death penalty in the United States. The Court found that Florida’s procedures violated the Sixth Amendment’s right to a trial by jury. In Florida, unlike most other death penalty states, the jury’s vote for a death sentence required a simple majority. Typically, other states require a unanimous vote. Also, the Florida procedures violated the ruling in Ring v. Arizona (2002), because the Florida juries recommended a sentence, but the judge was given the responsible of weighing aggravating and mitigating factors, as well as ultimately deciding the sentence. The study is an examination of the impact on Florida, as well as other states’ procedures, such as those in Alabama.

Author

• Brenda Riley, Texas A&M University - Texarkana