SAN QUENTIN, CALIFORNIA SEPTEMBER 21, 2010���Press Information Officer Lt. Sam Robinson is reflected

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(NEWSER) – The US Supreme Court declared Florida's death penalty system unconstitutional on Tuesday, opening the possibility of new hearings for at least some of the 390 inmates currently on death row in the state, the AP reports.

In an 8-1 vote, the Supreme Court ruled the system violated the right to trial by jury by giving judges—not juries—the final say on whether the death penalty is imposed, according to the Los Angeles Times. "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death," the AP quotes Justice Sotomayor in her decision. Justice Alito was the lone dissenting vote.

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