chap 14 short answer Flashcards

1
Q

Summarize the 5 main empirical findings on the effectiveness of mandatory minimum sentences

A

Nearly all mandatory minimums relate to drug & weapon offenses
Only 41% of defendants who qualify actually receive them
Introduce disparity into the sentencing process
Substantial assistance motions not available to defendants at the very bottom who get
punished more severely than those at the top
They shift discretion from judges to prosecutors

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2
Q

List the 2 procedural safeguards that must be
available to defendants for the death penalty to not be considered ‘cruel and unusual’
punishment

A

The sentencing process must allow judges and/or juries to
consider aggravating and mitigating circumstances AND
The law provides for a review procedure to ensure against discriminatory application of the death penalty.

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