Dbl Jeopardy and Cruel & Unusual Punishment Flashcards
In which two situations does the Double Jeopardy Clause contained in A.1, S.10 of the PA Const. prohibit a retrial of an otherwise re-triable case? More or same level of protection than Federal? Case?
When prosecutorial misconduct is intended to provoke the defendant into moving for a mistrial AND
When the conduct of the prosecutor is intentionally undertaken to prejudice the defendant to the point of the denial of a fair trial.
More protective.
CW v. SMITH
Does the introduction of victim impact statements at sentencing constitute cruel and unusual punishment? More or same level of protection than Federal? Case?
No.
Same.
CW v. MEANS
Does PA have a ban on life sentences for juvenile offenders under the age of 18 convicted of first-degree murder? More or same level of protection than Federal? Case?
No.
Same.
CW v. BATTS
Does PA Const’s provisions concerning free speech, free press, religion, and equal protection contain language limited their reach to violations involving governmental action?
No.
How do we remember that Article 1, Section 10 is the double jeopardy Section?
First Section with DOUBLE numbers
T or F? The PA Court has specifically addressed the fact that PA Const’s provisions concerning free speech, free press, religion, and equal protection do not contain language limiting their reach to violations involving governmental action.
F
T or F? The PA SC has held that gender-based automobile insurance violated Article I, Section 28 (equal rights amendment), despite lack of state action.
T
