Pleas, Sentencing, Appeals, and Punishments Flashcards
Guilty Plea
Waives right to jury trial under 6A; must be viluntary and intelligent and on the record; D must understand stuff like (i) nature of charge to which plea is offered and crucialelements of the crim charged, (ii) max poss penalty and mandatory min, and (iii) right to not plead guilty / waiver of 6A right to trial
Collateral attacks on guilty pleas after sentence
Pleas seen as D’s intelligent choice among alternatives are immune from collateral attack (e.g., plea made because of fear of death penalty, fear of coerced confession, racial exclusion in the indicting grand jury
Bases for attack on a guilty plea after setence
(a) involuntariness; (b) lack of jx; (c) ineffective assistance of counsel; (d) failure to keep the plea bargain
Plea Bargaining
D has right to have bargain kept, as does the Pr. (e.g., D said he was gonna testify in other case then doesnt; sentnce can be vacated); Pr. can threaten more srs charge to drive a bargain or to charge a ore srs offense
Rights in Sentencing
Right to counsel, right to confrontation and cross
Resentencing after successful appeal and reconviction
To impose greater sentence, judge must put in the record the reasons for the harsher sentence
8A no cruel and unusual punishment rights
(i) no grossly disproportionate punishment; (ii) no right to comparison of penalties in similr cases; (iii) death penalty for murder Ok if it gives discretion and guidance and full information; (iv) death penalty NOT OK for rape; (v) death penalty NOT OK for felony murder if D didn’t intend lethal force and was accomplice; (vi) death penalty NOT OK if person is insane at time of execution; (vii) death penalty NOT OK for minors; (viii) mandatory life sentence for recidivist crime OK
Appeal
No general right, but u have a right to counsel on appeal if u get an appellate avenue; atty may withdraw is appeal is frivolous but Pr. must ensure that D’s right to counsel isn’t being denied; no right to go pro se
Collateral attack upon convictions
after appeal is no longer available or has been proven unsuccessful, D may still attack convictions by beginning new and separate civil proceedings involving application for a writ of habeas
Habeas Corpus Proceeding
No right to appt’d counsel, BOP on petitioner by POE, state may appeal granting of a writ, D must be in custody (or on bail, probation, or parole)
Right to counsel at parole and probation recovations
Probation revocations: right to counsel if it also involves imposition of a new sentence
parole revocation: only if it’s necessary to a fair hearing
Prisoners’ Rights
Must have reasonable access to courts and no limitations put on ability to develop arguments; 1A rights (if not reasonably related to penological interests); right to adequate medical care
