Modules that are very rare on bar (only have stuff he said if on it, will likely be...) Flashcards
Procedural rights in sentencing
A defendant has a right to counsel during sentencing
Death penalty availability for murder
Death penalty can be imposed only under a statuary scheme that gives the jury reasonable discretion, full information concerning defendants, and guidance in making the decision
Must allow the sentencing body to consider all mitigating evidence
Death penalty availability for rape or felony murder
Eighth Amendment prohibits imposition of the death penalty for the crime of raping an adult woman or a child if the rape was neither intended to result in nor did result in death
Death penalty - sanity requirement
Eight Amendment prohibits executing a prisoner who is insane at the time of execution, even if prisoner was sane at the time the crime was committed
Death penalty availability - intellectual disability
Cruel and unusual punishment to impose the death penalty on a person who is intellectually disabled
Death penalty availability for minors
Execution of persons who were under 18 at the time they committed their offense violates 8th amendment
Life without parole for minors
Eighth amendment forbids the sentence of life imprisonment without parole for a minor who committed a non-homicide crime
Can be sentenced to life imprisonment without possibility of parole but eighth amendment prohibits the use of a sentencing scheme that imposes mandatory life without parole
Habeas corpus proceeding - counsel and burden
An indigent has no right to appointed counsel at a habeas corpus proceeding
Petitioner has the burden of proof by a preponderance of the evidence to show unlawful detention
Right to counsel at parole and probation revocation
If revocation of probation also involves imposition of a new sentence, the defendant is entitled to representation by counsel in all cases in which they are entitled to counsel at trial
If, after probation revocation, an already imposed sentence of imprisionment springs into application, or if the case involves parole revocation, the right to counsel is available only if representation is necessary to a fair hearing
Prison regulations - due process
Prison regulations impinge on due process rights only if the regulations impose atypical and significant hardship in relation to the ordinary incidents of prison life
Must be given reasonable access to the courts
Fourth amendment and prison cells
No reasonable expectation of privacy in their cells so no fourth amendment protection with respect to searches of their cells
Delinquency proceedings and jury
SC has held that there is no right to trial by jury in delinquency proceedings
Forfeiture actions and Eighth Amendment
SC has held that the excessive fines clause of the 8th amendment applies only to fines imposed as punishment - does not apply to civil fines
Thus, penal forfeitures are subject to the clause, but civil forfeitures are not
