Like many other Republicans, Scott is going to lengths to avoid proposing the obvious solution. (via Deadline: Legal Blog)
Behold Rick Scott, the GOP junior senator from Florida. AfterLeaving aside, for a moment, the death penalty’s, the more immediate issue with “automatic” capital punishment is that it’s illegal.
If a defendant is convicted in a death penalty case, then a separate trial is held in which the jury weighs aggravating and mitigating factors, to determine whether to recommend a death sentence. Prosecutors wouldn’t go through that process if they didn’t have to. Indeed, the Supreme Court has struck down mandatory capital punishment on
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