SENTENCING Flashcards
define sentencing schemes (determinate; indeterminate; & guidelines systems)
determinate = power comes from legislature; if Δ commited X crime they receive Y sentence; particulars of Δ don’t matter, only the crime itself; retributive approach
indeterminate = wide range of sentences; power with judge & parole board (“experts”)
guidelines systems = intent to blend determinate & interminate systems; large range of outcomes; takes away some judicial power
Williams v. NY rule (does Δ have right to examine materials used by judge for sentencing Δ after trial?)
no violation of Δ’s rights to due process for judge to use extrinsic evidence/information during sentencing
sentencing enhancements/elements controlling rule (Appendi v. NJ): overview, court’s holding, rule, dissent
case resolved discrepancies in prior cases regarding how sentencing enhancements must be proven, etc.
court’s holding = if something can increase maximum penalty = element, except prior convictions (since not a fact jury would have to find)
rule: any fact besides prior conviction that increases the maximum sentence must be proven beyond a reasonable doubt to a jury
dissent = decision prohibits legislature from defining in advance what things matter
sentencing enhancements/elements: prior cases to current rule (In re Winship; Mullaney; Patterson; McMiillan v. PA)
In re Winship = gov’t requires state to prove all elements of a crime beyond a reasonable doubt
Mullaney = can’t label an element a sentencing factor to evade beyond a reasonable doubt standard
Patterson = if legislature decides it’s a sentencing factor & not an element, then it’s a sentencing factor & not an element
McMillan v. PA = firearm sentencing enhancement not an element of crime just a factor considered in sentencing; didn’t increase maximum sentence only established mandatory minimum; preponderance of evidence standard used by judge for sentencing enhancement findings
