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Florida Constitution Revision Commission

PUB 700720: End Absurd and Irrational Punishments. by Shannon o Helton

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: Section 29. Absurd and irrational punishments.

Notwithstanding any other law, a person committing a crime shall not have a substantial incentive to commit a greater crime in order to face a lesser punishment. For example, it is absurd and irrational for a person facing a life sentence without the posibility of parole for a non-capital felony (like robery, burglary, kidnapping, sexual battery, etc.) to have a substantial insentive to commit a greater capital felony murder of any victim(s)/witness(es) in order to face a lessor life sentence with the posibility of parole. Absurd and irrational punishment like this is illegal and may be corrected by any court at anytime. These provisions shall apply both retroavtively and prospectively.