Post-Trial State Flashcards
Does the accused has a right to counsel during the sentencing hearing?
Yes.
What is the medium for a sentencing hearing?
For misdemeanor offenses, if the D gives written consent, the court will permit sentencing to occur by video teleconferencing or in the D’s absence.
What rights do the D have during the sentencing hearing?
A D in a sentencing hearing has a Fifth Amendment right to remain silent, and no adverse inference may be drawn from the exercise of that right.
What evidence may a court use during the sentencing hearing?
The court may use hearsay evidence and testimony not subject to cross-examination, or evidence obtained in violation of the Fourth Amendment.
When the death penalty is involved, however, the D is given greater confrontation rights.
May a court impose any sentence?
Other than the fact of a prior conviction, any fact fact that increases the penalty for a crime beyond that prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt.
A sentencing judge, sitting without a jury, may not find an aggravating circumstance necessary for imposition of the death penalty.
A D’s Sixth Amendment rights are, however, violated when a sentencing judge enhances a sentence based on facts that are neither admitted by the D nor found by a jury.
A jury must be able to consider and give effect to a D’s mitigating evidence in imposing the sentence.
A sentence outside the advisory Guidelines range does not require extraordinary circumstances and is reviewed under and “abuse of discretion” standard, regardless of whether the sentence falls above or below the Guidelines range.
May a judge impose a severe penalty?
Generally, if a D wins on appeal and is then reconvicted, a more severe penalty may not be imposed on retrial.
To prevent vindictive punishment, a harsher sentence may only be imposed when it is based on new, objective information of the D’s conduct occurring after the first sentence was decreed.
What punishment is allowed?
The Eighth Amendment guarantee against cruel and unusual punishment is applicable to the states.
What does a punishment require?
The sentence must be proportional to the crime committed and the sentences of other similarly situated criminals having conducted similar crimes.
It is constitutional to impose harsher sentence for repeat offenders.
Excessive jail terms that are grossly disproportionate to the crime are unconstitutional.
The death penalty for rape is unconstitutional.
A D cannot be imprisoned because of his inability to pay a fine.
Doubling up inmates into one jail cell is neither cruel nor unusual.
Conviction of an individual because he is addicted to narcotics is a cruel and unusual punishment.
Mandatory capital punishment for specified crimes is unconstitutional.
Is the death penalty constitutional?
The death penalty is not considered cruel and unusual punishment nor grossly disproportionate to the crime, provided the court’s review procedure affords procedural safeguards to prevent arbitrary or discriminatory sentencing.
The following procedural safeguards exist to prevent violations of the Eighth Amendment:
- A bifurcated trial, where one jury determines guilt and a second jury recommends the sentence, was established to lessen the likelihood of discriminatory sentencing;
- Evidence concerning aggravating circumstances must be presented before imposing the death penalty;
- the court must review mitigating factors before imposing the death penalty, although a jury need not receive instructions on the concept of mitigation or mitigating factors allowed by a state;
- a jury may not impose a death sentence unless it is also permitted to return a verdict of guilty to a lesser-included offenses of the crime charged;
- when a capital D’s future dangerousness is at issue, and the only sentencing alternative to death is life imprisonment without possibility of parole, due process entitles the D to tell the jury that he is ineligible for parole; and
- there must be a review procedure to prevent imposition of the death penalty for arbitrary or discriminatory reasons.
Execution of individuals who were under 18 years of age at the time of their capital crimes is prohibited.
Execution of mentally retarded Ds is cruel and unusual punishment under the Eighth Amendment.
What is the jury’s role in punishment?
There is no right to have a jury determine a sentence.
A state statute may not exclude from a jury all individuals who express some opposition to the death penalty. The state may exclude all potential jurors who indicate that they would never, under any circumstances, impose the death penalty.
What is the D’s right to appeal?
The US Constitution does not guarantee the right to an appeal.States may provide such a right by statute as long as access to appellate review is afforded in a nondiscriminatory manner.
Where a state grants a first appeal to all individuals, indigents must be provided with appointed counsel to satisfy equal protection requirements.
Indigents are entitled on appeal to be provided free transcripts of trial proceedings.
Recovery of defense costs is constitutional provided it is achieved in a nondiscriminatory manner. A state can recover legal costs from an indigent who is convicted on appeal and is subsequently able to pay.
The right to counsel for indigents does not attach during discretionary appeal, nor does the right attach for a writ of certiorari to the US Supreme Court.
Following a reversal of a conviction on appeal, a D can be retried. However, on retrial, it is prejudicial error and a violation of both due process and DJ to be tried for any crime more serious than the crime for which the D was convicted.
What is habeas corpus?
A D may , in certain instances, collaterally attack the lawfulness of his detention by filing a writ of habeas corpus.
What are the procedural considerations of habeas corpus?
The D must prove an unlawful detention by a preponderance of the evidence.
Indigents have no right to appointed counsel, inasmuch as a habeas corpus petition is a civil suit.
To bring a timely writ of habeas corpus, the petitioner must be in custody, which includes those out on bail, on probation, or parole.
Although a state prisoner may seek a writ in either state or federal court, the following requirements must be satisfied before a state prisoner can bring a petition for habeas corpus in a federal court:
- the P must show that the detention violates the US Constitution;
- a state petitioner must have followed all state procedural rules at trial or been denied relief,absent a showing of cause for noncompliance and resulting prejudice;
- all available state remedies must have been exhausted before the federal court may consider the petition;
- the P must show clear and convincing evidence of error before the federal court will review factual findings of the state court; and
- a P who had a full and fair opportunity to raise a Fourth Amendment violation previously in state court will not be permitted to seek a writ in federal court based on the alleged allegation.
Federal prisoners may bring habeas corpus proceedings only in federal court. In seeking federal habeas corpus, a federal prisoner must show both cause as to why an objection was not made at trial to the alleged constitutional violation and a resulting actual prejudice.
The state may appeal the granting of a writ, and the D may be retried for the same offense without violating the prohibition against DJ.
