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.  Please send your questions, comments, and feedback to summarilypod@gmail.com. Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.