Pretrial Procedures - Due Process, Sentencing, Cruel & Unusual Punishment

Question 1

Due Process Right

Answer 1

Defendant has a right to testify and to present evidence on his own behalf

Question 2

Due Process - Burden of Proof - Permissive Presumption

Answer 2

A presumption that the trier of fact is not compelled to accept & that doesn’t shift the burden of proof

• If regarding an element of an offense, it’s not a due-process violation of the requirement that the prosecution must prove each element of offense
  
  • Unless the presumption is irrational
  • Not Irrational if - more likely than not will flow form the proven fact on which it depends

Question 3

Due Process - Burden of Proof - Mandatory Presumption

Answer 3

Per Se VIolation

• A mandatory presumption regarding an elem. of an offense violates the DP requirement
• If these presumptions require the trier of fact to accept an element of the crime & disallow the trier from rejecting it or shift the burden of an element to the defense - Unconst.

Question 4

Due Process - Elements of Prosecutions case

Answer 4

DP requires prosecution to prove all elements of the case beyond a reas. doubt

Question 6

Sentencing Rights

Answer 6

Sentincing is a critical stage under the 6th amendment

• Right to counsel
• may have right to confrontation & cross-examination

Question 7

Enhanced Sentencing over the Statutory Maximum

Answer 7

Any fact (other than a prior conviction) can be used to increase a sentence beyond the statutorily prescribed max:

• must be charged in an indictment
• Submited to a jury,
• and est. beyond a reasonable doubt

Violation = DP viol. under 5th & 6th Amend. rights to notice and a jury trial

Question 8

Cruel & Unusual Punishment - Applicability

Answer 8

8th Amendment prohibits cruel & unusual punishment, Can’t execute if:

• Minor at time Crime Committed
• Mentally Disabled at time Crime Committed
• Legally Insane at time of execution even if sane when crime was committed

Execution process can include Torturing or Lingering Death i

Question 9

Cruel & Unusual Punishment - Non-Death Penalty

Answer 9

It is Cruel & Unusual Punishment if:

• Prison officials had actual knowledge of subst. risk to prisoners
• Malicious & sadistic force to cause harm
• Sentence Grossly disportionate to the crime

Question 10

Capital Punishment

Answer 10

• No Automatic Death Penalty
• It can be imposed only und a statutory scheme that provides:
  
  • Clear and objective standards
  • Specific and detailed guidance, and
  • An opp. for rational review of the process

Question 11

Capital Punishment - Homicide Crimes

Answer 11

D in homicide case can’t be sentenced to death unless the trier of fact convicts the D of murder & finds at lease 1 aggrevating circ. - AC must meet 2 requirements:

1. It must not apply to every D convicted of murder AND
2. It must not be unconst. vague

Question 12

Capital Punishment - Homicide Crimes - Mitigating Circ

Answer 12

A death sent. violates 8th Amend. if sentencing judge refuses to review or admit. mitigating evidence.

Question 13

Capita Punishment - Felony Murder

Answer 13

There are additional limitations on the use of the death penalty for Ds convicted of felony murder - D can’t be sentenced to death if:

• D acting as accomplice didn’t kill, attempt to kill, or intend to kill
• Exception
  
  • D significantly participated in the commission of the felony AND
  • Acted w/ reckless indifference to human life

Question 14

Capital Punishment - Rape Cases

Answer 14

Punishment that is disproportionately excessive in relation to the crime committed is prohibited by 8th amend.

• Death penalty is considered excessive in rap cases, whether vic. was an adult women or a child