DueProcess Punishment
Whether the Due Process Clause requires the additional determinations under Florida's capital sentencing scheme to be made beyond a reasonable doubt
QUESTION PRESENTED Under Florida’s capital sentencing scheme, in addition to finding at least one aggravating factor exists, the factfinder must make additional determinations before a capital sentence can be imposed: (1) whether “sufficient aggravating factors exist,” and (2) whether “aggravating factors exist which outweigh the mitigating circumstances.” See Fla. Stat. § 921.141(2) (2021). The question presented is whether, considering the operation and effect of Florida’s capital sentencing scheme, the Due Process Clause requires these additional determinations to be made beyond a reasonable doubt. i STATEMENT OF