Supreme Court Commentaries
Eighth Amendment, Sixth Amendment, Capital Punishment
Constitutional Law | Supreme Court of the United States
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.
Richard Guyer, Ring Around the Jury: Reviewing Florida's Capital Sentencing Framework in Hurst v. Florida, 11 Duke Journal of Constitutional Law & Public Policy Sidebar 242-255 (2016)