Constitutional Rights in Relation to Sentencing and Punishment

Question 1

Procedural Rights in Sentencing

Answer 1

• def has right to counsel during sentencing
• the usual sentence may be based on hearsay + uncross-examined reports (no right to confrontation or cross-examination)
• BUT where a magnified sentence is based on a statute that requires new findings of fact to be made (ex: def is mentally ill), those facts must be found in a context that grants a right to confrontation + cross-examination

Question 2

Capital Sentencing

Answer 2

• def in death penalty case must have more opportunity for confrontation than need be given def in other sentencing proceedings

Question 3

Resentencing After Successful Appeal + Reconviction

Answer 3

• if greater punishment imposed on def who’s been reconvicted after successful appeal than was imposed at first trial, judge must set forth in the record the reasons for the harsher
  -> ensures def not vindictively penalized for exercising right to appeal
• BUT judge need not give reasons if greater sentence was imposed upon a de novo trial or in a state that uses jury sentencing, unless the second jury was told of the first jury’s sentence

Question 4

Substantive Rights in Regard to Punishment

Answer 4

• 8th Am prohibits cruel + unusual punishment -> penalty is cruel + unusual when grossly disproportionate to seriousness of the offense committed
• book notes though that state appellate courts don’t have to compare death sentence imposed in a case under appeal w/ other penalties imposed in similar cases

Question 5

Death Penalty - For Murder

Answer 5

• allowed, but statutory scheme needs to give jury reasonable discretion, full info concerning defendants, + guidance in making the decision
• statute can’t be vague
• sentencer needs to have opportunity to consider all mitigating evidence
• if prior conviction used as an aggravator, death sentence must be overturned if that conviction is later invalidated

Question 6

Death Penalty - Effect of Sentence Impacted by Unconstitutional Factors (ex vagueness)

Answer 6

• can be upheld, but only if all aggravating and mitigating factors involved are reweighed and death is still found to be appropriate

Question 7

Offenses for Which 8th Am Prohibits Death Penalty

Answer 7

• rape
• felony murder UNLESS individual’s participation was major + they acted w/ reckless indifference to value of human life

Question 8

Death Penalty - Sanity

Answer 8

• 8th Am prohibits executing prisoner who is insane at time of execution (even if sane when crime committed)
• BUT book does note can execute someone who has no memory of committing the crime for which they’re being punished if they can still form a rational understanding of the reason for the death sentence

Question 9

Death Penalty - Ineligible Individuals

Answer 9

• can’t impose on intellectually disabled individuals
• ## can’t impose on minors (under 18 when crime committed)

Question 10

Lethal Injection

Answer 10

• mere possibility that 3-drug lethal injection protocol used by many states to carry out executions might be administered improperly + caused condemned unnecessary suffering doesn’t mean cruel + unusual punishment under 8th Am
  -> only qualifies if serious risk of inflicting unnecessary pain or an alternative procedure is feasible, may be readily implemented, + in fact significantly reduces substantial risk of severe pain

Question 11

Status Crimes

Answer 11

• statute that makes it a crime to have a given “status” violates 8th Am b/c punishes mere propensity to engage in dangerous behavior
• BUT it is permissible to make criminal specific activity related to a certain status (ex: driving while intoxicated)

Question 12

LWOP - Minors

Answer 12

• 8th Am prohibits LWOP for non-homicide crimes by minors
• also prohibits mandatory LWOP for minors

Question 13

Perjury + Sentencing

Answer 13

• trial judge can take into account a belief that def committed perjury while testifying at trial on own behalf when determining sentence

Question 14

Imprisonment of Indigents for Nonpayment

Answer 14

• where aggregate imprisonment exceeds max period fixed by statute + results directly from involuntary nonpayment of a fine or court costs, there’s an impermissible discrimination + violation of Equal Protection Clause