Constitutional Rights in Relation to Sentencing and Punishment Flashcards
Does a defendant have a right to counsel during sentencing?
yes
Can a sentence be based on evidence that otherwise would be inadmissible?
yes
Can evidence which would not be admissible at trial be used to making findings necessary for the imposition of a statutory sentence that requires additional findings of fact?
no
Does a defendant have the right to confront witnesses in sentencing?
yes
What must happen if a defendant appeals their conviction and is reconvicted but with a harsher sentence than the first trial?
the appellate judge must state in the record the reasons for his harsher sentence.
Must an appellate judge state in the record his reasons for finding a harsher sentence than in the original trial if the case is reviewed de novo?
no, because the trial was reviewed de novo.
The Eighth Amendment prohibits what?
cruel and unusual punishment
A penalty is cruel and unusual if . . .
it is grossly disproportionate to the seriousness of the offense committed.
When can the death penalty be handed down in a case?
when there is a statute which gives the judge and jury discretion to hand down such a verdict and guidance in making the decision.
What happens if a person is convicted of one crime, and then is subsequently convicted based partially on their having been convicted of the first crime and given the death penalty, and the first conviction is later overturned?
the death penalty must be overturned for the second offense.
Can the death penalty be handed down for rape without intent to death?
no
Can the death penalty be handed down for rape with intent to death?
yes
Can an prisoner who is insane at the time of their execution be executed?
no
Can a mentally disabled person be sentenced to death?
no
Can a person is intellectually disabled to sentenced to death?
no
