Constitutional Rights re Sentencing & Punishment

Question 1

Does right to counsel apply to sentencing hearing?

Answer 1

Yes,

Question 2

What evidence is allowed in sentencing hearing?

Answer 2

Most evidence - e.g. hearsay, evidence violating CC. UNLESS statute re enhancement req’s new factual findings (then CC applies).

Question 3

What are the 2 procedurals rights relevant to sentencing?

Answer 3

1. right to counsel

2. right to have court give explanation upon greater sentencing on appeal

Question 4

What does the 8A prohibit wrt sentencing?

Answer 4

8A prohibits cruel and unusual punishment, so a penalty may not be grossly disproportionate to the seriousness of the offense committed.

Question 5

What does 8A require wrt death penalty? (think: jury info, rape, sanity req, prior convictions)

Answer 5

• jury must have reasonable discretion, full info, guidance in making decision
• statute cannot be vague
• must allow sentencing body to consider all mitigating evidence
• if death sentence is in part based on prior convictions, and prior conviction turns out false, then penalty must be invalidated
• cannot impose death penalty for rape if it rape was neither intended to result in nor did result in death
• no death penalty for felony murder unless acted with reckless indifference and participation was major
• cannot impose penalty on insane person or person with intellectual disability at time of execution (but ok if they just cannot remember crime)
• cannot impose for ppl under 18 at time of offense
• possibility of unnecessary pain during injection is OK (only not if serious risk)

Question 6

What is rule wrt status crimes under 8A?

Answer 6

Under 8A, status crimes - i.e. making it a crime to have mere status, e.g. alcoholic – are unconst.

Question 7

Can statute impose LWOP on minors?

Answer 7

Not unless they committed homicide crime. And if homicide, cannot be mandatory LWOP.