CONSTITUTIONAL RIGHTS IN RELATION TO SENTENCING AND PUNISHMENT Flashcards
1
Q
PROCEDURAL RIGHTS IN SENTENCING
A
- D has right to counsel during sentencing.
- The usual sentence may be based on hearsay & uncross-examined reports (ex. D has no right
to confrontation/cross-examination). - However, where a magnified sentence is based on a statute that requires new findings of fact to be made (ex. D is mentally ill), those facts must be found in a context that grants a right to confrontation & cross-examination.
2
Q
Capital Sentencing
A
- D in a death penalty case must have more opportunity for confrontation than need be given D in other sentencing proceedings.
3
Q
RESENTENCING AFTER SUCCESSFUL APPEAL AND RECONVICTION
A
- If greater punishment is imposed on D who is reconvicted after successful appeal than was imposed at first trial, judge must set forth in record reasons for harsher sentence.
- This ensures D is not vindictively penalized for exercising right to appeal.
4
Q
Exceptions
A
- Judge need not give reasons if greater sentence was imposed upon a de novo trial/in a state that uses jury sentencing, unless 2nd jury was told of first jury’s sentence.
5
Q
SUBSTANTIVE RIGHTS IN REGARD TO
PUNISHMENT
A
- 8th am prohibits cruel & unusual punishment.
- A penalty that is grossly disproportionate to seriousness of offense committed is cruel & unusual.
- State appellate courts do not have to compare death sentence imposed in a case under appeal w/ other penalties imposed in similar cases.
6
Q
Death Penalty: For Murder
A
- Death penalty can be imposed only under a statutory scheme that gives jury reasonable discretion, full info concerning Ds, & guidance in making decision.
- Statute cannot be vague.
- Moreover, it must allow sentencing body to consider all mitigating evidence.
7
Q
Based on Prior Convictions
A
- If death sentence is partly based on aggravating
factor of D’s prior conviction, sentence must be reversed if prior conviction is invalidated.
8
Q
Standard of Review
A
- Death sentence that has been affected by a vague/otherwise uncon factor can still be upheld, but only if all aggravating & mitigating factors involved are reweighed & death is still found to be appropriate.
9
Q
For Rape or Felony Murder
A
- 8th am prohibits imposition of death penalty for crime of raping an adult woman/child if rape was neither intended to result in nor did result in death.
- Rationale: Penalty is disproportionate to offense.
- Also, same logic precludes death penalty for
felony murder unless felony murderer’s participation was major & they acted w/ reckless indifference to value of human life.
10
Q
Sanity Requirement
A
- 8th am prohibits executing prisoner who is insane at time of execution, even if prisoner was sane at time crime was committed
11
Q
Intellectual Disability
A
- It is cruel & unusual punishment to impose death penalty on a person who is intellectually disabled.
12
Q
Ability to Recall the Crime
A
- 8th am does not forbid execution of person w/ mental disorder that leaves them w/o any
memory of committing crime for which they are being punished if they can still form a rational understanding of reason for death sentence.
13
Q
For Minors
A
- Execution of persons who were under 18 years old at time they committed their offense (including murder) violates 8th am
14
Q
Lethal Injection
A
- The mere possibility that the 3-drug lethal injection protocol used by many states to carry out executions might be administered improperly & cause the condemned unnecessary pain does not make procedure cruel & unusual punishment. - It would be cruel & unusual only if condemned can prove that there is a serious risk of inflicting
unnecessary pain or that an alternative procedure is feasible, may be readily implemented, and in fact significantly reduces
substantial risk of severe pain.
15
Q
Status Crimes
A
- A statute that makes it a crime to have a given “status” violates 8th am b/c it punishes a mere
propensity to engage in dangerous behavior. - However, it is permissible to make criminal specific activity related to a certain status (ex. driving while intoxicated).
