Misc Rarely Tested Topics

Question 1

Procedural Right in Sentencing

Answer 1

D has right to counsel in sentencing

Question 2

Death Penalty

Answer 2

For murder:
1) must be imposed under statutory scheme that gives JURY reasonable discretion, full information, and guidance
2) Statute cannot be vauge
3) must let sentencing body consider all mitigating evidence

For Rape: No Death Penalty

Sanity Req: Cannot execute prisoner who is insane at time of EXECUTION

Mentally Disabled: No DP

Minors: Under 18 at time of murder, no DP.

Question 3

Right to Appeal

Answer 3

No federal constitutional right to appeal

Question 4

Habeas Corpus Proceeding (Collateral Attack upon conviction)

Answer 4

An indigent has no right to appointed counsel at a HC proceeding.

Petitioner has burden of proof to show unlawful detention by PREPONDERANCE OF THE EVIDENCE (technically civil proceeding)

State may appeal the grant of writ of HC.

Generally, D can only bring if in custdody.

Generally, D must exaust all appeals first.

Question 5

Revocation of Probation

Answer 5

If revocation also involves imposition of a new sentence, D is entitlted to rep by counsel in all cases in which they are entitled to counsel at trial

Question 6

Prisnoer’s rights

Answer 6

DP: Prison regulations impinge on DP only if regulations impose ATYPICAL AND SIGNIFICANT HARDSHIP in relation to the ordinary incidents of prison life

4A in cell: no REP

Must be given reasonable access to courts