The case of Timothy Lee Hurst who is facing death sentence portrays a great controversy between federal and state regarding the issue of a death sentence. One of the issues presented by the article is the contradiction between the systems being followed by the state and that being used by the federal in passing the death sentence ? Bienen & Leigh, 182). This is presented in the article when the Supreme Court fails to follow the precedents that are on the Florida system by overruling two precedents that uphold the system of capital punishment in Florida and argues that the 6th Amendment gives protection to the defendant right to an impartial jury. The right required Timothy’s death sentence to be based on Florida on jury findings but not on a fact finding by the judge a ruling that was supported by the major
...ity of the Supreme Court ? Gregory & Anthony, 96). The approach used by Florida also violated the 8th amendment which prevents unusual and cruel punishment rather than the 6th. The system of Florida was also questioned since the system does not require a unanimous recommendation from the jury advisory ?Delfino, Michelangelo & Mary, 8).
Another the issue that is presented in this article is the question of which level between federal and state should death sentence be passed. This is because the Supreme Court dismisses Florida’s capital punishment on the basis that juror was not given sufficient role in making the decision. The Supreme Court does not also consider the system of Florida when making the decision regarding the death sentence. They also question the system of Florida that was used to pass
sentence on Timothy Lee Hurst ?Wilson, 97).
The decision regarding judges and juries in death penalty case should be made at the federal level since death sentence is very broad in the system of federal laws and this will be of great assistance to judges and jury since they will have ample factors to consider before they make any decision ? Abat, 102). This is unlike some state laws which do not contain death penalties, and it is difficult to impose this law on them. Death penalties are also very difficult to obtain when they are sought in the states that they exist. This will, therefore, make it very difficult to make the decision on death penalty case at the state level ?Latzer, Barry & David, 220).
Work Cited
- Bienen, Leigh B. Murder and Its Consequences: Essays on Capital Punishment in America.
Evanston, Ill: Northwestern University Press, 2010. Print. - Delfino, Michelangelo, and Mary E. Day. Death Penalty USA, 2001-2002. Tampa, Fla: MoBeta
Pub, 2009. Print - Latzer, Barry, and David McCord. Death Penalty Cases: Leading U.S. Supreme Court Cases on
Capital Punishment. Burlington: Elsevier Science, 2010. Print - Wilson, R M. Legal Executions in Nebraska, Kansas, and Oklahoma Including the Indian
- Territory: A Comprehensive Registry. Jefferson, N.C: McFarland & Company, 2012. Print.
- Abat .N. A. Constitutional Violence: Legitimacy, Democracy and Human Rights. Edinburgh: Edinburgh University Press, 2013. Print.
- Gregory, Anthony. The Power of Habeas Corpus in America: From the King's Prerogative to the
War on Terror. , 2013. Print.
- Affirmative Action essays
- Assisted Suicide essays
- Capital Punishment essays
- Censorship essays
- Child Labour essays
- Child Protection essays
- Civil Rights essays
- Corporal Punishment essays
- Death Penalty essays
- Empowerment essays
- Euthanasia essays
- Gay Marriage essays
- Gun Control essays
- Human Trafficking essays
- Police Brutality essays
- Privacy essays
- Sex Trafficking essays
- Speech essays
- Death Penalty Pros And Cons essays
- Is The Death Penalty Effective essays
- Frida Kahlo essays
- Michelangelo essays
- Pablo Picasso essays
- Vincent Van Gogh essays
