Constitutional Rights Relating to Sentencing and Punishment Flashcards
Does D have right to counsel during sentencing?
Yes.
May sentence be based on hearsay and un-cross-examined reports?
General rule –> YES. D has no right to confrontation/cross at sentencing
EXCEPTION –> if sentence is based on statute that requires new findings of fact, those facts must be found in a way that gives right to confrontation and cross
NOTE –> in death penalty sentencing, D will have more opportunity for confrontation
What is the rule w regards to resentencing after successful appeal and re-conviction?
If greater punishment is imposed on D who has been reconnected after successful appeal than was imposed in first trial:
- judge MUST SET FORTH in the record the REASONS for harsher sentence. GOAL –> to make sure D isn’t vindictively sentenced for his appeal
EXCEPTIONS:
- if greater sentence was imposed upon a de novo trial
- if state uses jury sentencing (provided 2nd jury didn’t know about 1st jury’s sentence)
In general, what does 8th amendment prohibit?
8th amendment prohibits cruel and unusual punishment.
- A penalty that is GROSSLY DISPROPORTIONATE to the seriousness of the offense is cruel and unusual.
In state death penalty cases, does 8th amendment require state appellate courts to compare penalties with other penalties imposed in similar cases?
No
What are the requirements for death penalty in a murder case?
Statutory scheme must –>
- give judge or jury REASONABLE discretion
- give judge/jury full information re defendants
- give guidance in making decision
- allow sentencing body to consider ALL mitigating evidence
NOTE –> statutee may not be vague
If a death sentence is based party on D’s prior conviction, what happens if prior conviction is invalidated?
death penalty must be reversed
What is the standard of review if a death sentence has been affected by a vague or otherwise unconstitutional factor?
Death penalty can still be upheld, BUT only if:
- all AGGRAVATING and MITIGATING factors are reweighed; AND
- death is still found to be appropriate
What is the rule w regards to death penalty and rape?
8th amendment PROHIBITS death penalty for rape of adult woman or child IF rape was:
- neither intended to result in; NOR
- did result in death
RATIONALE: penalty disproportionate to the offense
What is the rule w regards to death penalty and felony murder ?
8th amendment PROHIBITS death penalty for felony murder UNLESS:
- D’s participation was MAJOR; AND
- he acted with RECKLESS INDIFFERENCE to human life
What is the rule w regards to death penalty and sanity?
8th amendment PROHIBITS execution of prisoner who is INSANE at time of execution, even if he was sane at the time of the crime
What is the rule w regards to death penalty and intellectually disabled defendants?
8th amendment PROHIBITS imposition of death penalty on person who is intellectually disabled
What is the rule w regards to death penalty and minors?
What about life without parole for minors?
8th amendment PROHIBITS imposition of death penalty on person who was under 18 at the time they committed crime
(also prohibits life without possibility of parole)
When is method of execution cruel and unusual?
NOT ENOUGH –> Mere possibility that execution MIGHT be administered improperly and thus cause unnecessary pain and suffering
Must show –>
- serious risk of inflicting unnecessary pain; OR
- that an alternative procedure is:
(i) feasible;
(ii) may be readily implemented, and
(iii) in fact significantly reduces substantial risk of severe pain
What is the rule w regards to “status crimes” and 8th amendment?
8th amendment prohibits statutes that make it a crime to have a given “status”
REASONING –> punishes mere propensity to engage in criminal behavior
HOWEVER –> it IS permissible to make criminal specific activity related to a certain status (ie…drunk driving)
