Recently, The U.S. Supreme Court declared that Florida’s death penalty law to be unconstitutional because it requires the judge – not the jury – to make the critical findings necessary and to impose capital punishment. Florida’s current system is at odds with the Sixth Amendment, which requires a jury, not a judge, to find each fact necessary to impose a death sentence. It is not yet clear how many cases could be affected by this, but the 400 inmates currently on the state’s death row will most likely be affected.
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