Chapter 14: Sentencing and Appeals Flashcards
Sentencing largely depends on the ____________ of the defendant’s ____________.
However, sentencing may result from ____________ made by a judge in, for instance, not reminding the _________ to __________ the inflammatory ___________ made by the prosecutor during his ____________ statement, not excluding _________________ evidence from trial, etc.
This is why defendants are given an _____________ option, to review the _____________ of the trial court’s decisions. Even when defendants _______________ their appeals, they are left with a final option: ________ of __________ ______________, where they can appeal to a _____________ court for review of any potential legal ___________ during the prior appellate level trials.
severity; crime
errors; jury; ignore; remarks; closing; inadmissible
appeal; lawfulness; exhausts; writ; habeas; corpus; federal; errors
During Futile England, felonies were punished by brutal means of ____________ (hanging, burning, drawing and quartering, etc.), ______________ were punished usually with a ____________, hard __________, and ____________ . __________ criminal offenses resulted in transportation to the ______________ (where indentured servitude was common). These traditions of criminal ____________ eventually carried over into early ____________.
death; misdemeanors; flogging; labor; branding; Petty; colonies; punishment; America
In 1791, the English form of criminal __________ slowly dwindled, given the ratification of the U.S. _____________, which banned cruel and unusual punishment under the ____th Amendment. In just a year prior, Pennsylvania established a _______________ system of imprisonment called a “penitentiary” (a place to do penance) system. The idea was that hardened criminals could be ___________, through time in _____________, __________ study, and hard work.
This was followed up in 1870 with a mindset that sort of went the opposite way. ______________ sentencing was established, where “common ____________” would be imprisoned for an ______________ period of time (usually ~13 years), and were released based on the prison warden’s ________________, or if they thought the criminal had been _______________.
punishment; Constitution; 8th; rehabilitative; reformed; contemplation; bible
Indeterminate; prostitutes; indeterminate; discretion; rehabilitated
In the 1970’s, the _____________ sentencing system faced severe ____________, and was considered to have been a failure. Legislators then stripped judges of the right to personally _______________ the ___________ of sentencing.
This paved the way for ______________ / _____________-__________ sentencing.
indeterminate; backlash; determinate; length
determinate; fixed-time
Determinate or Fixed-Time Sentencing
sentencing based on a fixed-period of time, usually prescribed by legislation/ law.
California adopted _______________ sentencing laws, where the ____________ for a crime matched the ____________ of the offense. The ____________ government adopted similar sentencing laws in 1984.
determinate; sentence; severity; federal
Megan’s Laws
Laws enacted by the Federal govt., every state, and D.C.
Made in honor of Megan Kanka.
- 7 yr old girl was was sexually assaulted and murdered by neighbor living next to her family.
- Laws that require law enforcement to keep a list of sex offenders and disseminate the information to the public.
Retribution
- Punishment based on just deserts; punishment that exacts revenge.
- Receiving punishment that one deserves based on severity of crime.
Specific deterrence
Intended to deter a specific individual from committing crime.
E.g. threatening to impose a greater sentence if someone relapses.
General Deterrence
Used to deter individuals from committing crime.
E.g. setting his sentence for certain criminal offenses.
Rehabilitation
works to reform criminals into law-abiding, productive members of society.
Incapacitation
Isolates offender from society.
Based on notion that some people can’t be reformed –> it’s best to keep them from menacing others.
Selective Incapacitation
Singles out offender of a designated offense for lengthy incarceration.
(sometimes life imprisonment).
Restoration
Model of criminal justice system that recognizes needs of victim.
Defendant pays restitution to the victim to make them whole again.
Asset Forfeiture
when police seize the fruits and instrumentalities of crime pursuant to a court order.
To receive court order for assets forfeiture, based on a ____________ of evidence, burden of proof falls on ________ to prove that certain ________ (profits) and _______________ (vehicles / firearms) are linked to a crime.
preponderance; govt; fruits; instrumentalities
Timbs v. Indiana, (2019) established in a unanimous decision that the _________ __________ Clause of the ____th amendment is incorporated into the _____th Amendment and applies to the states.
Excessive Bail; 8th; 14th
Determinate Sentences
State legislature provides judges with little discretion to decide sentencing.
In determinate sentencing, giving a more ___________ or ____________ sentence has to be justified by a _________. If the __________ moves for a sentence _____________, then the jury has to find the facts that would __________ the enhancement __________ a __________ __________.
serious; lesser; judge; judge; court; enhancement; justify; beyond; reasonable doubt.
Mandatory minimum sentences
State legislatures have to set a minimum sentence penalty, regardless of mitigating factors (circumstances that make the crime less serious).
Indeterminate Sentences
Judges are given discretion, WITHIN CERTAIN LIMITS SET BY THE STATE LEGISLATURE, to decide a minimum and maximum sentence.
Presumptive Sentencing Guidelines
legislature sets up sentencing formula based on nature of criminal offense, and the offender’s criminal history.
Judges have to demonstrate a good reason for departure from the ___________ sentencing guidelines, like ______________ factors or ____________ factors.
presumptive; mitigating; aggravating
Presentence Report:
Document compiled by probation officer conducting _______________ investigation.
Includes…
- Defendant’s _____________ record, and _____________ condition.
- _____________ and ______________ factors that may influence sentencing.
- ______________ options available to the judge.
presentence
criminal; financial
mitigating; aggravating
Sentencing
In federal court, and in state courts, the defendant may inspect the _____________ report to ensure its ____________. In capital offense cases, defendants have a _______________ right to inspect the _______________ report.
presentence; accuracy; constitutional; presentence
Once the _____________ report is complete, ____________ hearings begin.
presentence; sentencing
Sentencing Hearing
Post-trial hearing where judge’s deliver the sentence for the defendant’s crimes.
The sentencing hearing is a _____________ __________ of the criminal proceeding, and defendant’s have the ___th Amendment right to ___________ ___________ at that point.
Defense attorneys may speak about ___________ or __________ factors regarding his client’s crime, and the defendant is also given an opportunity to __________ on his own behalf during the hearing – this is called _______________.
The defendant may state his right to ___________ per the ___th Amendment, and prosecutors may NOT ___________ on the defendant’s _______________.
critical stage; 6th; legal counsel
mitigating; aggravating; speak; allocution
silence; 5th; comment; silence
Right to Allocution
defendant’s speaking before judge at sentencing hearing.
Consecutive Sentences
defendant charged w/ multiple crimes serves separate sentences, back-to-back.
Concurrent Sentences
defendant charged w/ multiple crimes serves one sentence for the separate charges.
Clemency
defendant receives sentence reduction
(e.g. death penalty –> life sentence)
Pardon
Defendant is completely exempt from any further punishment.
(e.g. defendant already serving sentence is absolved from serving anymore of that sentence).
Sentencing Guidelines
State legislature establishes formula for determining criminal sentencing.
The Sentencing Reform Act abandoned _______________ as its primary purpose of imprisonment. The primary purpose became _____________, ______________, ______________, and the education of offenders.
rehabilitation; retribution; deterrence; incapacitation
The formula in federal sentencing guidelines followed by a judge are based on a ________ of intersections between the __________ of the offense and the defendant’s criminal ______________. Judges have to state reasons for _____________ (for aggravating factors) or _____________ (for mitigating factors) departure from sentencing guidelines.
grid; seriousness history; upward; downward
In Apprendi v. New Jersey, (2000), the Supreme Court decided that a sentence _____________ based on a _____________ of ____________ by a judge is unconstitutional. Sentence _____________ must be the result of a vote by a unanimous ________ based on facts supporting the ___________ by the ____________ a __________ ___________ standard.
enhancements; preponderance; evidence; enhancements; jury; enhancement; beyond; reasonable doubt
In Blakely v. Washington, (2004), Ralph Howard Blakely kidnapped his wife.
The trial court judge ruled Blakely had acted with “deliberate cruelty” and ____________ a 53 month prison term to 90 months.
Supreme Court ultimately ruled that a defendant’s ____________ cannot be __________ based on evidence the jury has ______ found ___________ a ___________ _____________.
enhanced
sentenced; enhanced; not; beyond; reasonable doubt
Over past several years, Supreme Court has established, basically, that sentencing guidelines are ______________ rather than _____________. They can serve as consultation when sentencing a defendant, and a judge may decide that the fixed sentence for a certain crime does ___________ than what’s needed to accomplish the goal of the punishment, or that it does too _________, in which case an ___________ is called for.
advisory; mandatory; more; little; enhancement
Determinate sentencing presents a “______ _________ _______ _______” approach to sentencing, establishing ___________ in sentences for criminal offenses. This is controversial, because it creates a ____________ _____________ for offenses regardless of one’s criminal history and potential ____________ factors in ___________ circumstances.
one size fits all; uniformity; mandatory minimums; mitigating; special
Prosecutors stress the importance of ___________ ____________ sentencing, saying the defendants were ___________ of their actions, and these setting a baseline in ____________ would _________ future criminal behavior, and the threat of a ___________ sentence yields the cooperation of the ______________.
mandatory minimum; aware; sentencing; deter; lengthy; defendants
Eighth Amendment
Prohibits…
- imposition of excessive bail
AND
- infliction of cruel and unusual punishment.
Capital Punishment
a death sentence
The ___________ and ___________ punishment clause refers to 3 aspects:
1) ____________ of punishment.
2) ____________ punishment (__________ sentence).
3) sentencing for a term of _____________.
Cruel; Unusual
methods
capital; death
years
In In Re Kemmler, (1980), the Supreme Court decided that behaviors such as ____________, ___________ on the wheel, and the _________ and _______________ should be scrutinized under the Constitution, and are violative of the __________ and _____________ punishment clause of the ____th Amendment.
whipping; breaking; rack; thumbscrew; Cruel; Unusual; 8th
In 1963, in Delaware v. Cannon, (1963), the Supreme Court ruled that _____________ was constitutional, since it had historically been used in the __________ since 1776.
whipping; colonies
The Supreme Court has stated that our idea of __________ and __________ punishment must __________ according to our ____________ standards of ____________ in society. Prime example of this is Trop v. Dulles, (1958), where Chief Justice Earl Warren ruled that it is unconstitutional to deprive military _____________ of their citizenship, as it is worse than physical ____________, and deprives these individuals of the right to ___________, and other rights associated with citizenhip.
cruel; unusual; evolve; changing; decency; deserters; torture; work
In Brown v. Plata, (2011), the Supreme Court ruled that the lack of __________ and ____________ care for prisoners in _____________ prisons deprives prisoners of basic human ___________ and violates the 8th Amendment’s cruel and unusual punishment clause.
mental; health; overcrowded; dignity
In Furman v. Georgia, (1972), the Supreme Court decided that the _____________ penalty does not constitute __________ and ___________ punishment within the meaning of the Constitution. The Court established in In Re Kemmler that death is ____________ and ______________ when it’s *____________ * death, when it’s executed in an inhumane, ___________ manner (i.e. torture)–but that’s separate from the mere ______________ of life.
death; cruel; unusual; cruel; unusual; lingering; barbarous; extinguishment
In Louisiana Ex rel. Francis v. Resweber, (1974), the Supreme Court ruled that the use of the _____________ chair did not constitute _____________ and _____________ punishment, even if there is a ________________. The intent was not to subject the defendant to the undue ______________ safeguarded against by the 8th Amendment.
electric; cruel; unusual; malfunction; punishment
In Baze v. Rees, (2008), the Supreme Court ruled that __________ injection does not violate the ___th Amendment, and that when done right, the injection results in a ____________ death. Most states have taken the necessary ___________ to ensure the ___________ injection is ______________.
lethal; 8th; painless; precaution; lethal; painless
In Woodson v. North Carolina, (1976), the Supreme Court ruled that treating all defendants charged with ______________ the same, subjecting all to the __________ penalty, is _____________ and _____________ punishment. Court ruled that each ___________ penalty case had to consider the ____________ and ____________ of the defendant, and that the blind infliction of the ____________ penalty to members of a “faceless, undifferentiated mass,” “not as uniquely individual human beings,” violated the ____th Amendment.
homicides; death; cruel; unusual; death; background; character; death; 8th
In Gregg v. Georgia, (1976), the Supreme Court ruled in favor of a Georgia law which subjected all cases involving ____________ punishment to State Supreme Court review, to ensure the __________ penalty is handed down in an proportionate, _________-___________ way. This was also to ensure that the ___________ penalty was being applied in a consistent fashion.
capital; death; even-handed; death
In Death penalty cases, jurors are informed to accord weight to the ______________ and ______________ circumstances of the crime.
In Kansas v. Carr, (2016), the Supreme Court ruled that there need not be _____________ on what is considered a ____________ or ______________ factor of the crime. Justice Scalia noted that what one juror finds ______________, another may not. The test, really, is whether or not the ___________ factors outweigh the ________________, and based on that whether or not ___________ should be given to the defendant.
mitigating; circumstances
unanimity; mitigating; aggravating; mitigating; mitigating; aggravating; mercy
Weighing states
States where jury has to decide if the mitigating factors outweigh the aggravating factors, when imposing death penalty.
Non-weighing states
States where jury simply has to find an aggravating factor to impose death penalty.
In Coker v. Georgia, (1977) the Supreme Court held that the imposition of the _____________ penalty in cases of aggravated _______________ grossly violates the ___________ and _________ punishment clause of the 8th Amendment.
The exception to this judgment in Coker was established in Kennedy v. Louisiana, (2008), where Justice Anthony Kennedy ruled that ___________ child rapists are the “epitome of moral _____________,” and that the imposition for such assailants is appropriate.
In Enmund v. Florida, (1982), the Supreme Court held that the imposition of the _____________ penalty in cases of ____________ also violate the 8th Amendment.
death; rape; cruel; unusual
serial; depravity
death; robbery
In Roper v. Simmons, (2005), the Court concluded that imposition of the __________ penalty for defendants less than ____ yr old violates the ____th Amendment. In Atkins v. Virginia, (2002), the Supreme Court also ruled the a defendant who is ____________ disabled may not receive the __________ penalty.
The Court followed the Atkins ruling with their decision in Hall v. Florida, (2014), which ruled that for the purpose of __________ penalty application, the Court may not employ a standard where defendant’s must meet a _____________ incapability score of IQ _____ or less to be exempt from the penalty. The Court ruled that the test was _____________, and that the impairment of one’s _____________ functioning should not be based on a ___________ score.
death; 18; 8th; intellectually; death
death; intellectual; 70; imprecise; intellectual; numerical
Three Strikes and You’re Out Law
mandatory sentence of 25yrs to life for a 3 serious or violent felony after already having 2 previous felony convictions.
In Graham v. Florida, (2010), the Terrance Jamar Graham’s parents were addicted to cocaine and were alcoholics.
Graham suffered from an _____________ -span disorder from a young age. He began drinking _____________ at age 9, and using ___________ at age 13.
Graham was arrested for an attempted armed robbery and tried as an adult. Graham pled _____________, and in turn received a 3 year term of ___________.
Months later he was arrested for another home ___________, resulting in a high speed ____________, alongside other accomplices, where 3 ____________ were found. Graham was arrested and sentenced to _________ imprisonment by the trial court, where it was ruled, given his conduct, that this was simply the way the defendant intended to live his life; all that can be done now is protected the community from the danger he poses.
The U.S. Supreme Court, however, ruled that juveniles convicted of ______-_____________ offense may not be sentenced to life imprisonment, as it is subversive to 8th Amendment rights.
attention; alcohol; tobacco
guilty; probation
invasion; chase; firearms; life
non-violent
Miller v. Alabama, 567 U.S. 460 (2012)
Facts
- 1999, Kuntrell Jackson and 2 friends decided to rob a video store.
- Derrick Shields, one of the friends, concealed a sawed off shotgun in his coat-pocket.
- Jackson stayed out side the store as Shields and the other boy went in.
- Shields pointed the shotgun at the store clerk, saying things like “give up the money,” and “we ain’t playin.”
- The store clerk refused, and Shields ___________ and ________ the store clerk. The boys took off running.
- Based on the nature of the offense and Jackson’s ___________ juvenile arrest history (i.e. other robberies and car theft), the trial court denied Jackson’s motion to be tried as a ____________, and was hence tried as an _________ under law in Alabama.
- Jackson was sentenced to life ________________.
- In a separate case, 14 yr old Evan Miller, drank alcohol and used tobacco from a young age. He was in and out of __________ homes due to his drunken/addicted mother and abusive step-dad.
- Miller attempted suicide 4 times, starting at the age of 6.
- Miller joined by a friend, Colby Smith, was at home when Cole Cannon, a neighbor, came to deal drugs with Miller’s mom.
- Miller and Smith followed Cannon back to his trailer to play drinking games. Cannon fell asleep. Miller grabbed Cannon’s wallet, and split $300 between him and Smith.
- Cannon woke up to Miller trying to place the wallet back in his pocket, and responded by choking Miller.
- Smith hit Cannon over the head with a baseball bat. Miller finished the job, and they both lit two fires.
- Cannon later died of his injuries and smoke inhalation.
- Miller and Smith were initially charged under juvenile law, but their charges of murder and arson were eventually removed to adult law, which the D.A. permitted.
- Miller was sentenced to life w/o parole.
Legal Question
- Does the mandatory sentence of juveniles to life imprisonment violate the cruel and unusual punishment clause of the 8th Amendment?
Ruling
- 5-4 Majority Opinion
- YES
Reasoning
- Sentencing juveniles to____________ sentences w/o ___________ violates the 8th Amendment.
- Children are less _______________ than adults.1) Children lack the sense of _______________ that adults have and are more likely to act on ____________ and risk-taking.2) Children are ____________ when exposed to ____________ influences and outside pressures.3) A child’s character is not as ___________ as an adults; their character is less ____________, so any recklessness of them isn’t indicative of irretrievable _____________.
- A life sentence signals ______________, but ______________ is inconsistent with __________.
- It’s a sentence that renders a stamp on a child’s character with finality, that is at odd’s with the child’s capacity for ____________.
- As established in Roper and Graham a state’s most ____________ form of punishment on ____________ offenders cannot proceed as though they were not children.
- Imposing a life sentence on _____________ offenders treats nearly every case the same, and doesn’t acknowledge the facts attendant to every ___________: It treats the shooter and the accomplice the same, and the child from the abusive/disturbed home and the one from the safe/protected home the same.
- Juveniles will be sentenced to the same _________ terms as __________, and will spend the ____________ of their life behind bars. Past case precedents liken a sentence like this to the ____________ penalty.
shot; killed
prior; juvenile; adult
imprisonment
foster
life; parole
culpable
responsibility; impulsivity
vulnerable; negative
fixed; form; depravity
incorrigibility; incorrigibility; youth
change
severe; juvenile
juvenile; case
life; adults; majority; death
Justice Kavanaugh argued that jurors and a judge need not make a determination of the _______________ of the juvenile defendant, but that it is sufficient for the court to consider the defendant’s ________ as a ______________ factor.
incorrigibility; age; mitigating
A defendant’s sentencing should be based on his ____________, not his ____________. Sentencing can never be based on _____________, ___________, _____________, etc.
actions; identity; race; gender; ethnicity
The Supreme Court outlawed ____________ discrimination in sentencing in State v. Chambers (1973). There was a New Jersey law which disproportionately sentenced ____________ to longer sentences for the same offense than _________, and men had a greater ____________ of early release on _____________. The Supreme Court ruled this was subversive to the __________ ____________ Clause of the 14th Amendment, and said there’s no innate difference between _______ and _________ in regards to taking _____________, and changing _____________ norms.
gender; women; men; likelihood; probation; Equal Protection; men; women; responsibility; social
In Ross v. Moffitt, (1974), the Supreme Court decided that defendant’s have the right to have their case reviewed by more than ______ judge and jury, in an ____________ court. Although generally, the Supreme Court has followed the common law in suggesting there is ________ a right to a criminal _____________ under the ______ ______________ Clause of the 14th Amendment. The right to _____________ is usually accorded by __________ legislatures.
one; appellate; NOT; appeal; Due Process; appeal; state
Appellate courts will not decide cases that are considered __________.
moot
Mootness
cases where review by an appellate court would be unnecessary.
Final Judgment Rule
A defendant may only appeal following a verdict of guilty and sentencing.
Interlocutory Appeal Exception
Exception to Final Judgment Rule
- Provisional appeal filed by defendant to court BEFORE the final verdict.
Plain Error Exception
Allows a defendant to appeal to appellate court.
Error is reviewed in appellate court that is not brought up in trial court.
Meant to prevent “miscarriage of justice.”
automatic reversal rule
applies to structural defects in the trial court that limit the fundamental fairness of a trial (for the defendant).
E.g. not being provided a counsel, a biased judge, racially discriminatory jury, etc.
The prosecutor is allowed to ______________ in ONLY a ___________ set of circumstances.
The prosecutor may file an _______________ appeal, to challenge a ______________ order challenging the defendant’s request for ______________ of evidence.
This is because _____________ _____________ has not yet attached, and there would be no opportunity for ____________ if the defendant is ______________. The _____________ appeal is, essentially, the prosecution’s last chance.
appeal; limited
interlocutory; pretrial; suppression
Double Jeopardy; appeal; acquitted; interlocutory
collateral remedies
Remedies provided to defendants after they have exhausted their direct state and federal appeals.
Habeas Corpus
Appeal that challenges the constitutionality of defendant’s detention.
In the past, the Supreme Court held that ____________ review, based on ___________ _____________ review, of ___________ court decisions does not respect the ___________ of __________ court decisions. State court ____________ are just as committed to the imperative of protecting legal rights as ____________ judges. The judgments made by the highest _________ courts should be final. Justice Powell concluded that at some point, the _____________ of appeals have to stop, and the defendant needs to embrace ____________ for their actions, and work towards becoming a ____________ citizen.
federal; habeas corpus; state; sovereignty; state; judges; federal; state; exhaustion; responsibility; constructive
The federal court now serves as a supervisor, in a sense, to ensure the defendant’s receive a _________ trial in state court, and will usually intervene if the defendant’s rights have been ______________ or there’s _________ evidence of the defendant’s _______________.
fair; disregarded; new; innocence
The question in all cases of _________ ___________ review from the state to federal court, is whether the __________ court applied the facts and law ______________, not whether the lower court ruling was _____________.
habeas corpus; state; reasonably; correct
In 2017, in Wilson v. Sellers the Supreme Court ruled that if the highest __________ court (e.g. Georgia Supreme Court) does not provide a ____________ for the decision, and merely says “affirmed” or “denied,” then on federal ______________ review, the Supreme Court has the responsibility of looking to the lower appellate level court (e.g. Georgia Appellate Court) to find the reasoning associated with the __________ court decision.
state; reason; habeas; state
A defendant is not entitled to __________ relief UNLESS he can prove “___________ prejudice,” such that the defendant was ___________ prejudiced by the error, where if that error had not been made, the _____________ of trial would’ve been different.
habeas; actual; actually; outcome
In Bounds v. Smith, (1977) the Supreme Court ruled that states are required to provide jailed defendants with a ______ library to prepare potential _____________ petitions.
law; habeas
Successive Petition Doctrine
Prohibits a second petition that raises a claim that’s already been made in the first petition.
Abuse of Writ Doctrine
Prohibits defendant from introducing issue in his second writ that he could’ve raised in the first writ.
Procedural Default
when a defendant’s habeas appeal to federal court is denied because
- they didn’t follow state procedure
AND
- they haven’t exhausted all state appeals
There are 4 exceptions to Procedural Default:
- Cause and Prejudice
- Abandonment
- Ineffective Assistance of Counsel
- Actual Innocence
Cause and Prejudice
defendant proves that the (procedural) “default” was because of state court misconduct.
Abandonment
when a defendant’s counsel “abandons them” / leaves the existing firm, and doesn’t in form his client (defendant) or the court.
Ineffective Assistance of Counsel
where counsel has deficient performance during direct appeal or collateral review.
federal court will accept habeas review for ineffective assistance of counsel.
Actual innocence
Defendant has to prove that it’s more likely than not, w/ new evidence, no reasonable juror would convict the defendant.
