lecture 3.2 Flashcards
prosecuting criminal conduct
drug/gun connection
possession/use of weapons in relation to/in furtherance of a crime of violence or drug trafficking crime 18 USC 924(c)
RICO prosecution
made much easier with someone inside enterprise, either undercover or cooperator
cooperation credit
cooperation: prosecutor recommends less jail, decision falls on judge
- cooperation is very beneficial to both parties
El Chapo
Juaquin Guzman Lorea
- highest ranking drug lord ever to be brought to trial in US
- cocaine & other drugs & power through murder, kidnappings, torture
- defense tried to shift blame onto Ismael Zambada
govt. provided protections
- protective orders
- witness protection
CCE
Continuing Criminal Enterprise
charge similar to RICO, different statute
forfeiture
can’t keep ill-gotten gain, must return to victim or government
Louisiana v. Resweber (1947)
attempting a second execution doesn’t violate 8th if it’s nobody’s fault
Furman v. Georgia (1972)
- placed moratorium on death penalty because majority decision justices couldn’t agree (on anything)
- 5-4 decision, each judge wrote their own opinion
Gregg v. Georgia (1976)
established bifurcated process for death penalty cases
(1) trial to determine guilt
(2) trial to determine if death is an applicable punishment
- balanced aggravating & mitigating factors
- special voir dire
Coker v. Georgia (1977)
capital punishment for rape of adult woman was viewed as excessive punishment
- first proportionality decision
proportionality in 3 other cases
- Atkins v. VA: no execution for mentally impaired
- Roper v. Simmons: no execution for juvenile offenders
- Kennedy vs. LA: no execution for child rapists
mentally impaired (legal standard)
typically means an IQ below 70 and inability to do ‘normal daily activities’
motives for murder
- never something prosecution needs to prove
- in some DP cases, it may be basis for jurisdiction
- may give rise to grounds for aggravating or mitigating factors
