Capital Punishment and Immigration: The word "shall" is a problem.

Melanie Kalmanson, a partner at Quarlers & Brady, joined Robert to discuss a new Florida statute that requires judges to impose a sentence of death if an "unauthorized alien" commits a capital offense. Melanie and Robert examine potential constitutional issues the law faces under current Supreme Court precedent and how the law will be challenging for trial courts to implement.  

921.1426 Sentence of death for capital offense committed by unauthorized alien. —Notwithstanding any provision of law to the contrary, the court shall sentence a defendant who is an unauthorized alien and who is convicted or adjudicated guilty of a capital felony to a sentence of death. As used in this section, the term “unauthorized alien” has the same meaning as in s. 908.111. 

Subscribe to Melanie's substack - Tracking Florida's Death Penalty.

Read the full text of the statute here. 

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