Friday, August 4, 2017
Craig Trocino and Chance Meyer (University of Miami - School of Law and Nova Southeastern University, Shepard Broad College of Law) have posted Hurst v. Florida's Ha'p'orth of Tar: The Need to Revisit Caldwell, Clemons, and Proffitt (University of Miami Law Review, Vol. 70, No. 4, 2016) on SSRN. Here is the abstract:
In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendment because judges, rather than juries, found sentencing facts necessary to impose death. That Sixth Amendment ruling has implications for Florida’s Eighth Amendment jurisprudence. Repairs to Florida’s Eighth Amendment jurisprudence should be made in the immediate aftermath of Hurst, while the finality of pre-Hurst death sentences already must be disturbed to satisfy the Sixth Amendment.