Midterm Flashcards
Name the five societal purposes of criminal justice
- retribution
- rehabilitation
- restitution
- incapacitation
- deterrence
Mandatory 18 U.S.C. § 3553 constiderations
- nature and circumstances of the offense
- defendant’s history
- need for sentence to punish, rehabilitate, provide restitution, incapacitate, or deter
- types of sentence available
- sentencing guidelines
- uniformity
What is the rule from State v. Helms?
(toilet water battery of correctional officers by defendant with extensive and serious criminal record)
A judge must consider both the nature and circumstances of the offense and the defendant’s history. However, the defendant’s history alone, when merely paired with “a crime,” is not grounds for imposing an extreme enhancement. The extreme enhancement, even given the defendant’s proven capacity to reoffend, cannot be imposed if it is grossly out of proportion to the crime for which the defendant has been convicted.
When may a judge use information in sentencing not proven at trial to a jury beyond a reasonable doubt?
The judge may use information in sentencing not proven in the trial record to decide sentence, so long as the judge remains within the statutory bounds of the crime for which the defendant was actually convicted.
What is the rule from Apprendi v. New Jersey
Any facts that increase or decreas the statutory max/min requires a finding of fact beyond reasonable doubt by a jury
Specific to Apprendi, the New Jersey state statute that allowed for a hate crime enhancement to be imposed by sentencing judges based on facts not found proven by a jury is unconstitutional.
What is the holding from State v. Donk
(deadly weapon enhancement to assault with deadly weapon conviction)
The deadly weapon enhancement required an additional finding of fact by jury, beyond reasonable doubt, and not a finding of fact by the judge, due to the different statutory definitions of deadly weapon in the assault statute and the enhancement statute.
What is the standard of effective counsel at sentencing (Strickland v. Washington)
reasonably effective counsel
What is required for a reversal of conviction on the grounds of lack of effective counsel?
- deficient performance (requires a showing that counsel made errors so serious that counsel was not actually functioning as “counsel” in terms of Sixth Amendment)
- defencient performance must have had a material impact on the sentence received (but for the counsel’s errors, the sentence would have been different)
What is the Cronic exception to the Strickland effective counsel rule?
in extreme cases of total absence of counsel, a showing of prejudice (material impact that deficiency impacted sentence), is not necessary
What is the rule from Roper v. Simmons
No death penalty for juveniles under 18.
What is the rule from Miller v. Alabama
No LWOP for juveniles under 18.
What are the two “strands” of 8th Amendment violations precedents?
- Categorical bans on sentencing practices based on mismatch between class of offenders and severity of offense, (see Roper, Miller, Kennedy, Atkins, Graham)
- Mandatory impositions of capital punishment prohibited in certain circumstances
What is ruling from Kennedy v. Louisiana?
No death penalty for non-homicide convictions
What is the ruling from Atkins v. Virginia
No death penalty for mentally retarded defendants
Do categorical bans under the 8th Amendment based on the type of defendant or type of crime exist for non-capitol offenses?
No. For non-capitol offenses, the 8th Amendment only bars specifically “cruel and unusual” modes of punishment, not the application of a particularly harsh, but not cruel and usual punishment, to a relatively minor crime.
Does a sentence of LWOP for conviction of possessing 650g of cocaine violate the 8th Amendment (Harmelin)?
No, because the 8th Amendment does not protect against harsh sentences applied to relatively minor crimes
What made the residual clause in Johnson v. United States unconstitutionally vague?
The residual clause failed to give notice to the specific conduct it prohibits. This is a violation of due process.
What are the two ways a statute can violate the constitution for vagueness?
- lack of notice: statute fails to clearly describe conduct it punishes
- lack of standard, allowing for arbitrary application
When a defendant pleads guilty, and thereby waives his privilege against compulsory incrimination, does this waiver extend to sentencing?
No. A defendant who has pled guilty may still exercise right to remain silent at sentencing.
What are the two ways, according to State v. Wills, a prosecutor violates a sentencing agreement?
- prosecutor impliedly disavows the agreed to sentencing recommendation
- prosecutor gives testimony at sentencing fundamentally at odds with sentencing agreement
May a court impose the death penalty for non-homocide offenses?
No. Coker v. Georgia; Kennedy v. Louisiana.
According to the Coker court, what two characteristics make a punishment unconstitutional under the 8th Amendment
- punishment does not accomplish any legitimate purpose and is nothing more than needless infliction of suffering
- punishment is grossly out of proportion to crime
either/or may suffice
May a court sentence a defendant convicted of drug possession based on the amount of drugs in his possession, even if the defendant did not know the amount of drugs in his possession?
Yes, strict liability attaches to the amount of drugs in possession of defendant. The mens rea required for possession simply knowingly possessing any amount of drug. The actual amount is relevant for sentencing because it sets the min/max boundaries of appropriate sentencing.
When may a judge exercise discretion to disregard defendant’s criminal history in order to decrease sentence?
Only in furtherance of justice, and never due to crowded courts or guilty pleas, or solely because a judge thinks a particular defendant does not deserve an increased term
When may federal judges vary (§ 3553) from sentencing ranges?
May judges vary below guidelines on basis of criminal activity?
Only when responding to a sitution not considered by the sentencing commission in crafting the guidelines. The judge, if departing from the guidelines, must explain why. United States v. Croom.
Judges may not vary or deviate below guidlines on basis of criminal history (or lack-thereof), or seriousness of crime, because these two factors were already considered in the creation of the guidelines. “
Federal courts allow a departure for isolated aberrational behavior if spontaneous, unplanned, and truly aberrational under all the circumstances. Examples include behavior motivated by psychological disorder, external pressure, or something other than pecuniary gain, or if the defendant tried to mitigate effects of the crime
May convictions on separate counts entered the same day or charged in the same information count as different convictions for the purpose of satisfying requirements for persistent violator status?
Generally, no, convictions entered on the same day or charged in the same information are considered one conviction for the purpose of persistent violator status.
This is because persistent violator status is more concerned with repeat violators after receiving notice of criminal action rather than defendants who have done many bad things.
What is the holding of State v. Tiernan
Courts may grant leniency on account of defendant’s taking responsibility for his wrongdoing.
Courts may not penalize a defendant for exercising 5th and 6th amendment rights at trial.
However, a defendant’s continued exercising of 5th and 6th amendment rights at trial may show a judge, after conviction, that defendant does not take responsibility for wrongdoing, and in such cases a judge may decide against any leniency.
What is the only reason a court may reduce below a statutory mimimum?
18 U.S.C. §3553(e) allows for reduction below statutory minimum for defendants who have substantially assisted investigators.
What is the standard of appellate review for district court sentences
The standard of review of district court sentences is a deferential abuse of discretion standard. Only a sentence imposed by a court found to have abused its discretinon will be reversed
Did the Gall court abuse its discretion in sentencing defendant 36 months probation when the minimum sentence per the Guidelines was 30 months imprisonment?
No. Because the Guidelines are merely recommendations, extreme variance from the guideline ranges is not per se abuse of discretion. In Gall, a deferential review of the court’s reasoning behind its sentence was sufficient to show that there had been no abuse of discretion.
May a court afford a presumption of reasonableness to the Guidelines?
No. A court should always conduct the Guidelines’ analyses and calculations, but may not treat the Guidelines as per se reasonable.
What were the three holdings from Booker
- enhancements to the sentence that maintain the same statutory range but change the U.S.S.G. recomended range need only be found by a judge by preponderance of the evidence at sentencing.
- U.S.S.G. are not mandatory.
- Guidelines appellate review standard is a reasoanbleness standard
What does a 5k1 motion do
Requests a departure from the guidelines’ sugessted range on the grounds of defendant’s substantial assistance to investigators.
What does a 3553 motion do?
Requests a departure from the statutory range
When may a court grant a 3553 motiont to vary below the statutory minimum?
Only on the grounds of defendant’s substantial assistance to law enforcement (3553(e)), not on the basis of age or other 3553(a) factors.
What do 18 U.S.C. 3553(e) and U.S.S.G. § 5k.1 say?
Each allow for a reduction under statutory miniumum, or a departure from the guideline range, respectively, on the grounds of defendant’s substantial assistance.
If court has granted a reduction below statutory minimum on basis of § 3553(e) motion, may it make further reductions based on § 3553(a) factors?
no
