Kaplan Pgs 428-437 Post Trial Flashcards
When is a defendant’s case ready for sentencing?
What a verdict or guilty plea is entered
How do you determine a sentence?
Under the applicable sentencing statutes that have to comply with the 8th and 14th amendments
Does a defendant have a right to counsel during a sentencing hearing?
Yes
When can sentencing happen by videoteleconferencing or in the defendant’s absence?
If it involves a misdemeanour or an offence that is punishable by a fine or imprisonment for not more than one year, as long as the defendant gives written consent
What are things that are admissible in a sentencing hearing that wouldn’t be admissible elsewhere?
– hearsay evidence
– testimony not subject to cross-examination
– evidence gotten in violation of the fourth
If a sentence falls outside of the federal sentencing guidelines, is it necessary that there be extraordinary circumstances?
No, it is just reviewed under an “abuse of discretion“ standard
If a defendant wins an appeal and is then reconvicted, can a more severe penalty be imposed on re-trial?
No. A harsher sentence can only be imposed when it’s based on new objective information after the first sentence was decreed
If a defendant wins an appeal and then gets reconvicted, but the trail was de novo, is it possible for the new punishment to be an increase over the first?
Yes because a different court is rendering the sentence
What does the eighth amendment say about punishments?
There cannot be cruel and unusual. The sentence must be proportional to the crime committed and to the sentences of other similarly situated criminals that have committed similar crimes
Is it constitutional to have harsher sentences for repeat offenders?
Yes
Can you give someone the death penalty for committing a rape?
No
Is it possible to put a defendant in prison because he cannot pay a fine?
No
Is it considered to be cruel and unusual punishment to put two inmates into one jail cell?
No
Can a person be punished for being an addict or an alcoholic?
No
Is it constitutional to have mandatory capital punishment for certain crimes, like shooting a police officer?
No, because that precludes consideration of mitigating factors
Is it possible to execute an individual that was under 18 at the time he committed a capital crime?
No
Is it possible to execute mentally retarded defendants?
No, that is considered to be cruel and unusual punishment under the eighth amendment
Is it possible to have a state statute that excludes all potential jurors who would indicate some opposition to the death penalty?
No, but you can have one that excludes all potential jurors that say they would never under any circumstances impose the death penalty
What is the standard for proving habeas corpus?
Defendant must prove an unlawful detention by a preponderance of the evidence
Do indigents have a right to have appointed counsel for a habeas corpus petition?
No, because this is a civil suit
In order to bring a timely writ of habeas corpus, what must the prisoner be?
In custody. This includes those that are out on bail, probation, or parole
Because prisoner’s constitutional rights are more limited in scope than those held by individuals in society at large, what is the test for prisoner rights?
The restrictions must be reasonably related to legitimate penological interests
Is there a federal constitutional right to parole or probation?
No
If a state provides for the right to parole, but a prisoner is denied parole, he must be granted what?
Notice of the reasons for denial and an opportunity to be heard
What are things that prisoners must have reasonable access to?
- the courts
- legal counsel
- communication with the press
- medical care
- notice of the forfeiture of property
What are the rules regarding censorship of mail for inmates?
Mail can be censored under strict guidelines, and letters to inmates from their attorneys can be opened but not read by prison authorities
What are the rules for detaining aliens?
Detention must be limited to the time reasonably necessary to have the alien removed from the United States. Indefinite detention is not allowed
If a supreme court case creates a new constitutional right, is that fully retroactive to all defendants regardless of the stage of their trial?
Yes
What is the difference between use immunity and transactional immunity?
- use immunity: ensures the testimony of the witness will not be used against that witness at trial
– transactional immunity: ensures that the witness will not be prosecuted for any crimes related to the entire transaction
Does testimony for acts that the statute of limitations has run for count as self incriminating?
No
