Proportionality, statutes, & sentencing

Question 1

Is civil commitment of dangerous sexual predators punitive or double jeopardy?

Answer 1

Civil commitment of dangerous sexual predators - is not double jeopardy and ex pos facto grounds because it is not punitive.

Question 2

Death penalty for rape of a child?

Answer 2

Death penalty - is not a proportional punishment for the rape of a child under the 8th Amendment, which bans cruel and unusual punishment applies to non-homicide offenses.

Question 3

Three strikes law

Answer 3

the sentence under the three strikes law is not grossly disproportionate and therefore does not violate the 8th Amendment.

Question 4

LWOP for juveniles?

Answer 4

LWOP for juveniles - For a juvenile offender below 18 who did not commit homicide, the 8th Amendment forbids the sentence of life without parole.

Question 5

Sentencing guielines (NMR/ CL MAJ)

Answer 5

Sentencing guidelines – state legislature delegates the authority to commissions; the guidelines created narrower range. They are advisory, not mandatory

Question 6

sentencing juvenile offenders (NMR/CL MAJ)

Answer 6

Sentencing scheme that mandates life in prison without the possibility of parole for juvenile offenders - 8th Amendment violation.

Lininger: the mere possibility of parole is not sufficient; it must be a meaningful possibility of parole. (Miller v. Alabama) - They can still get LWOP, but that is for the judge’s discretion not a mandatory sentencing scheme

Question 7

statutory sentences

Answer 7

by the legislature, super broad, boundaries are strict

Question 8

sentencing guidelines

Answer 8

• set of conditions that increase or decreaser a defendant’s sentence
• written by judges, lawyers, academics, etc.
• not that strict… more of a starting point
• legislature doesnt approve them… power is delegated to commission
• narrow/finetuned
• advisory not mandated

Question 9

all facts that affect sentencing must be…

Answer 9

proven beyond a reasonable doubt at trial

Question 10

any fact that leads to a sentence longer than the maximum spelled out in law must be found to exist by the jury…

Answer 10

beyond a reasonable doubt

Question 11

Vague statutes may be invalidated if

Answer 11

1. it fails to provide notice that will enable ordinary citizens to understand what conduct is prohibited and because it may encourage arbitrary and discriminatory enforcement