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August 03, 2016


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Valerie Hans

Juries must decide! This is a very important decision and has implications for the constitutionality of the death penalty systems in Florida and Alabama, both of which rely on judges rather than juries making the binding decision in death penalty cases.


I agree with Professor Hans with respect to raising questions about the constitutionality of the death penalty systems of Florida and Alabama. I also believe that this case serves as one more example of the continued efforts by the courts to bolster the role of the jury. Starting with Apprendi in 2000, the judiciary has steadily strengthened the decision making power of jurors.

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