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Spaziano v. Florida
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Spaziano v. Florida : ウィキペディア英語版
Spaziano v. Florida

''Spaziano v. Florida'', was two United States Supreme Court cases dealing with the imposition of the death penalty. In the first case, 454 U.S. 1037, (1981), the Supreme Court, with two dissents, refused Spaziano's petition for certiorari. However, the Florida Supreme Court would reverse Spaziano's death sentence based on the judge's receipt of a confidential report which was not received by either party. On remand, the judge reimposed the death penalty and the Florida Supreme Court upheld the sentence.
In the second case, the court heard Spaziano's appeal of his death sentence.
==Facts==
Spaziano was tried for first-degree murder, but the court refused to offer lesser non-capital offenses as the statute of limitations had expired on them when Spaziano refused to waive the statute of limitations. The jury convicted Spaziano and recommended a sentence of life imprisonment. Florida law makes the jury's recommendation merely that, a recommendation, and requires the judge to examine the aggravating and mitigating factors and thus gives the judge the power to override the jury and impose the death penalty.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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