8th Amendment, Burdens, & Appeals Flashcards
Learn all about: - The 8th Amendment & Cruel and Unusual Punishment - Death Penalty - Burdens of Proof and Persuasion - Appeals - Habeas Corpus - Double Jeopardy
What is the 8th Amendment?
Prohibits the federal government from imposing cruel and unusual punishment, including torture or punishment that is grossly disproportional to the offense.
Does the 8th Amendment apply to states?
Yes, incorporated to the states via the 14th Amendment.
What qualifies as proportional under the 8th Amendment?
- Severity of the sentence is proportional to the crime (e.g. 25 years for $100 shoplifting charge is disproportional); and
- Sentence is similar to the sentences of other similarly situated criminals who have committed the same or similar crimes
Does applying a harsher sentence to a repeat offender violate the 8th Amendment?
No. SCOTUS has held that imposing greater penalties for repeat offenders (e.g. three-strike laws) is constitutional.
Can D be incarcerated solely for his inability to pay a fine?
No, this is unconstitutional.
What types of crimes are eligible for the death penalty?
Crimes that result in death or crimes against the state.
When is the death penalty unconstitutional?
- D was under 18 when the crime was committed (Roper v. Simmons);
- D lacks sufficient mental capacity to understand the imposition of a death sentence (Atkins v. Virginia); or
- Crime was felony murder AND either:
- D was not a major participant; or
- D was a major participant but did not act with a callous indifference to human life
Is a mandatory death penalty for specific crimes constitutional?
No, mandatory death penalties are unconstitutional because they prevent the consideration of mitigating factors.
What is required for the death penalty to be constitutional?
- Death penalty statute is clear and unambiguous (Godfrey v. Georgia);
- Statute provides a procedure for review that ensures death penalty is not arbitrary or discriminatory; and
- Jury is given opportunity to review mitigating factors (e.g. age, mental capacity);
- Jury had the opportunity to find D guilty of a lesser-included offense; and
- Jury finds evidence of at least one aggravating circumstance
Is the death penalty unconstitutional if disproportionately used on one race?
No, as long as there is no discriminatory intent.
Can a judge impose the death penalty?
Yes, either alone, or with the advisement of a jury, provided its imposition complies with all other constitutional requirements.
But, a sentencing judge (without a jury) may not find an aggravating circumstance necessary for the death penalty.
Does the U.S. Constitution guarantee a right to a direct appeal of a conviction?
No, but when a state provides access to appeals, the Constitution requires that they are not granted in a discriminatory way.
What is the burden of proof in all criminal cases?
Prosection must prove every element of the crime beyond a reasonable doubt
Who bears the burden of proving affirmative defenses?
D. Generally, the prosecution must prove every element of the case beyond a reasonable doubt. However, D can have the burden to prove affirmative defenses (e.g. insanity, entrapment, duress, or self-defense)
⚠️ Note: Can either be proved by clear and convincing evidence or by a preponderance of the evidence standard.
Who bears the burden of proving an alibi?
The prosecution. An alibi is not an affirmative defense (in which D would have the burden), but something that negates an essential element of the crime. Therefore, the burden rests with the prosecution.
