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

15 Pages Posted: 28 Jan 2017  

Michael Radelet

University of Colorado at Boulder - Institute of Behavioral Sciences

G. Ben Cohen

Date Written: January 18, 2017

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.

Keywords: Hurst, Ring, Florida Death Penalty

Suggested Citation

Radelet, Michael and Cohen, G. Ben, The Predictable Disarray: Ignoring the Jury in Florida Death Penalty Cases (January 18, 2017). Available at SSRN: https://ssrn.com/abstract=2906342

Michael L. Radelet

University of Colorado at Boulder - Institute of Behavioral Sciences ( email )

Boulder, CO 80309
United States

No contact information is available for G. Ben Cohen

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