Articles Tagged Eighth Amendment

Dale E. Ho, Silent at Sentencing: Waiver Doctrine and a Capital Defendant's Right to Present Migitating Evidence After Schriro v. Landrigan

62 Fla. L. Rev. 763 (2010) | | | | CASE COMMENT ::The consideration of mitigating evidence-evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case-has been deemed a ‚Äúconstitutionally indispensable‚ÄĚ feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to […]

Steven F. Shatz, The Eighth Amendment, the Death Penalty, and Ordinary Robbery-Burglary Murderers: A California Case Study

59 Fla. L. Rev. 719 (2007) | | | | INTRODUCTION :: On September 20, 1968, after a one-day trial, a Georgia jury sentenced William Henry Furman to death for a felony-murder committed a year earlier and so set the stage for the Supreme Court’s now thirty-five-year-old effort to regulate and rationalize the states’ use […]

Steven J. Wernick, Constitutional Law: Elimination of the Juvenile Death Penalty-Substituting Moral Judgment for a True National Consensus

58 Fla. L. Rev. 471 (2006) | | | | TEXT :: Respondent was convicted of first-degree murder for the torturous abduction and drowning of a woman and was sentenced to death upon the recommendation of the jury. Respondent committed these brutal acts as a seventeen year-old high school student. Despite his age, Respondent was […]

J. Richard Broughton, The Second Death Of Capital Punishment

58 Fla. L. Rev. 639 (2006) | | | | INTRODUCTION :: Political life is sometimes tragic. As a conservative instrument for safeguarding the government’s obligation and ability to control the governed (which, as Madison reminds us, is a prerequisite for the exercise of self-control on the part of the government), and for preserving tolerable […]