17. Sentencing and Punishment

Question 1

does a defendant have a right to counsel during sentencing?

Answer 1

yes

Question 2

does a defendant generally have a right to confront witnesses at sentencing?

Answer 2

no

Question 3

under what limited circumstance does a defendant HAVE a right to confront witnesses at sentencing?

Answer 3

where sentencing requires new findings of fact to be made

Question 4

what is “cruel and unusual punishment”?

Answer 4

penalty that is grossly disproportionate to the seriousness of the offense committed

Question 5

what 3 things must the statutory scheme give the jury in order to impose the death penalty for murder? (3 rqmts)

Answer 5

statutory scheme must give jury…
1) reasonable discretion,
2) full information concerning defendants, and
3) guidance in making the decision
**NOTE = statute CANNOT BE VAGUE (must allow sentencing body to consider all mitigating evidence)

Question 6

can the death penalty be imposed for rape if the rape was neither intended to result in nor did result in death?

Answer 6

no

Question 7

can prisoners who are insane at the time be executed?

Answer 7

no

Question 8

can the death penalty be imposed on a person who is intellectually disabled?

Answer 8

no

Question 9

can the death penalty be imposed on a person with a disorder that leaves them without any memory of committing the crime?

Answer 9

yes, so long as they can still form a rational understanding of the reason for the death sentence

Question 10

when is a defendant entitled to counsel at a probation revocation hearing?

Answer 10

when it also involves imposition of a new sentence OR if rep is necessary to a fair hearing (ie–defendant denies violation)
**NOTE = defendant only entitled to counsel in cases where they were entitled to counsel at trial

Question 11

when will prison regulations violate due process?

Answer 11

when the regulation imposes an atypical and significant hardship (in relation to the ordinary incidents of prison life)

Question 12

do prisoners have a reasonable expectation of privacy in their cells?

Answer 12

NO (no 4th amendment standing to challenge a search of their cells)

Question 13

how may a prisoner’s first amendment rights be burdened?

Answer 13

may be burdened by regulations reasonably related to penological interests

Question 14

generally, what types of prison mail can be regulated?

Answer 14

only incoming (not outgoing)

Question 15

can a state interfere with a prisoner’s religious practice?

Answer 15

NO (not without a compelling interest!)