Authors

Richard Guyer

Document Type

Supreme Court Commentaries

Publication Date

5-16-2016

Keywords

Eighth Amendment, Sixth Amendment, Capital Punishment

Subject Category

Constitutional Law | Supreme Court of the United States

Abstract

This commentary discusses Hurst v. Florida, a case in which the Supreme court will review Florida's death sentencing scheme to determine whether it violates the Sixth of Eighth Amendments. The author argues that Florida's capital sentencing framework violates the Sixth Amendment. A jury, rather than a judge, better reflects society's moral views, which are critical to weigh when deciding whether to impose the death penalty.

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