The Most Aggravated and Least Mitigated Murders: Capital Proportionality Review in Florida

Authors

Ken Driggs

First Page

207

Document Type

Article

Abstract

In this article I will briefly discuss the evolution of death penalty law after Furman v. Georgia, including the three statutory models that nearly every death penalty state has adopted. Part of this evolution was the development of proportionality review. I will then discuss Florida's "weighing" statute and how proportionality fits into that. Then I will discuss the specifics of the Florida Supreme Court's approach to proportionality review in death penalty direct appeals. I will elaborate on how the Supreme Court has considered commonly encountered, broad factual situations in death sentences. I will briefly discuss a recent amendment to Article I, section 17 of the Florida Constitution, which had the potential to effect it. My intention is to provide the practitioner an overview of basic case law and concepts to take into consideration when defending a Florida capital trial or considering a proportionality argument on direct appeal. I also hope to provide a reference work for those in other states interested in how Florida has approached this issue.

Recommended Citation

Ken Driggs, The Most Aggravated and Least Mitigated Murders: Capital Proportionality Review in Florida, 11 St. Thomas L. Rev. 207 (1999).
Available at: https://scholarship.stu.edu/stlr/vol11/iss2/3