Delhi HC: Passing Off is a Distinct Right, Which Resides in its Own Common Law Space  ||  Delhi HC Seeks ICICI’s Response on Plea Alleging Lack of Accessibility Standards for PWDs  ||  Bombay HC: Saying ‘I Love You’ in with No Sexual Intent Isn’t Sexual Harassment  ||  Rajasthan HC: Centre & State to Issue Directions Regarding Excessive Use of Mobile Phones by Children  ||  Allahabad HC: Undressing Woman but Failing to Commit Intercourse Amounts to ‘Attempt to Rape’  ||  MP HC: Taxpayers with Appeals that are Pending are Eligible for 50% Relief under Samadhan Scheme  ||  Del. HC: Indian Citizen Apprehending Arrest for Offence Committed Abroad Can Invoke Sec. 438 of CrPC  ||  Delhi HC: Can Grant Ad-Interim Maintenance without Filing Specific Application  ||  Delhi HC: Govt. to Take Steps for Involving Mental Health Professionals in Premature Release Process  ||  Del. HC: “Goodwill” for Purposes of Passing off, is in the Name Under Which Business Is Done    

Hurst v. Florida - (12 Jan 2016)

Florida’s sentencing scheme given the chop

MANU/USSC/0002/2016

Criminal

The United States Supreme Court overwhelmingly held Florida’s sentencing scheme unconstitutional under the Sixth Amendment of the United States Constitution. In the instant case, after Mr. Hurst was found guilty of murder in the first-degree, an additional sentencing proceeding was conducted in order to enhance the maximum sentence that could be imposed under State law. Such “hybrid” proceeding entailed the jury delivering an advisory verdict as to sentence, with judge conducting evidentiary hearing before the jury; having weighed the aggravating and mitigating circumstance would the judge enter sentence. Whereas the Sixth Amendment guarantees a defendant’s right to an impartial jury trial, the Court found that under Florida’s sentencing procedure judge alone had discretion to determine the existence of an aggravating circumstance affecting sentence. Justice Alito, however, dissented. He opined that error in sentencing in the instant case was harmless beyond reasonable doubt. Though the judge could alter the sentence recommended by the jury, his role practically amounted to a reviewing function.

Relevant : Ring vs. Arizona MANU/USSC/0068/2002

Tags : USA   FLORIDA   SENTENCING   SIXTH AMENDMENT  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved