LAW 4051 Lecture Notes - Lecture 10: Sixth Amendment To The United States Constitution, Fourteenth Amendment To The United States Constitution
Document Summary
Arizona scheme jury determines eligibility factors judge determines selection. After ring: arizona didn"t want retroactive effect so only reviewed the 30 cases that were not yet on appeal case is final on direct review. Judge sentencing schemes: arizona, florida, alabama (and also delaware) The 6th amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury"s mere recommendation is not enough. the main issue: when does someone become death eligible, and who gets to decide. ***again: you need to know, when you read a statute, when someone becomes death eligible. Gardner v. florida involves question of the due process clause of 14th amendment: protect against arbitrariness, protect reliability, no one knows what was in the confidential information presented to the judge. Gardner rule: the right of fair rebuttal at the penalty phase: backed two times, skipper v. south carolina: ronnie skipper convicted of killing a young women.
