Post-Trial Stage

Question 1

When may a penalty go beyond a prescribed statutory maximum?

Answer 1

1- If a prior conviction ups the ante

2- But if any extra facts are required, the must be presented to the jury and be` proved beyond a reasonable doubt

Question 2

8th Amendment

Answer 2

1- guarantees against cruel and unusual punishment

2- incorporated to the states through 14th amendment

Question 3

Why are mandatory capital punishments for specified crimes unconstitutional?

Answer 3

Because they preclude the consideration of mitigating factors

Question 4

The right to appeal is NOT

Answer 4

guaranteed, states may provide this right by statutes as long as its administered in a non discriminatory manner

***counsel attaches on first appeal, not on discretionary appeals

Question 5

What must a D prove for Habeas Corpus?

Answer 5

an unlawful detention by the preponderance of the evidence

Question 6

Habeas Corpus requirements:

Answer 6

1- D must show that the detention violates the Constitution

2- procedural rules were followed w/o relief

3- all state remedies must have been exhausted

4- there must be clear and convincing evidence of error

5- D must have raised 4th amendment violation in state court before doing so in federal court

Question 7

If parole is denied, a prisoner must be granted what?

Answer 7

notice for the reasons for denial and an opportunity to be heard

Question 8

Do prisoners have a right to unionize?

Answer 8

no

Question 9

When can prison mail be censored?

Answer 9

1- according to strict guidelines

2- letters from attorneys may be open but not read

Question 10

which constitutional rights have not been extended to juvenile proceedings?

Answer 10

1- right to a jury trial

2- right to bail

3- right to a public trial