Constitutional Rights in Relation to Sentencing and Punishment

Question 1

Procedural Rights in Sentencing

Answer 1

A D has a right to counsel during sentencing.

The usual sentence may be based on hearsay and uncross-examined reports (I.e., D has no right to confrontation or cross-examination). However, where a magnified sentence is based on a statute that requires new findings of fact to be made, those facts must be found in a context that grants a right to confrontation and cross-examination.

Question 2

Capital Sentencing

Answer 2

A D in a death penalty case must have more opportunity for confrontation than need be given a D in other sentencing proceedings.

Question 3

Death Penalty (for Murder)

Answer 3

the death penalty can be imposed only under a statutory scheme that gives the jury reasonable discretion, full information concerning D, and guidance in making the decision.

The statute cannot be vague.

It must following the sentencing body to consider all mitigating evidence.

Question 4

Death Penalty (Based on Prior Convictions)

Answer 4

if the death sentence is partly based on the aggravating factor of the D’s prior conviction, the sentence must be reversed if the prior conviction is invalidated.

Question 5

Death Penalty (Standard of Review)

Answer 5

A death sentence that has been affected by a vague or otherwise unconstitutional factor can still be upheld, but only if all aggravating and mitigating factors involved are reweighed and death is still found to be appropriate.

Question 6

Death Penalty (For Rape or Felony Murder)

Answer 6

8th Amendment prohibits imposition of the death penalty for the crime of raping an adult woman or a child if the rape was neither intended to result in nor did result in death.

The same logic precludes death penalty for felony murder unless the felony murderer’s participation was major and they acted with reckless indifference to the value of human life.

Question 7

Death Penalty - Sanity Requirement

Answer 7

8th Amendment prohibits executing a prisoner who is insane at the time of execution, even if the prisoner was sane at the time the crime was committed.

Question 8

Death Penalty - Intellectual Disability

Answer 8

It is cruel and unusual punishment to impose the death penalty on a person who is intellectually disabled.

Question 9

Death Penalty - Minors

Answer 9

Execution of person who were under 18 at the time they committed their offense (including murder) violates the 8th Amendment.