Sentencing and Collateral Consequences

Question 1

Limitations of the Eighth Amendment

Answer 1

i. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
ii. Prohibits barbaric punishments under all circumstances
iii. State must respect human attributes, even those who committed crimes
iv. Does not close the possibility that a person convicted of a non-homicide crime before adulthood will remain behind bars for life. However, it forbids states from making the judgment at the outset that such offenders will never be fit to enter society.

Question 2

Proportionality

Answer 2

Punishment should be proportionate to the crime

Question 3

Collateral Consequences of Convictions

Answer 3

1. Immigration Consequences:
   - Padilla V. Kentucky
   - Defense counsel has an obligation to advise regarding immigration consequences
   - Disconnect b/w criminal punishment and immigration penalty.
2. Housing
   - Sex offenders and meth users  no gov’t assistance for housing
   - Additional authority to states to disqualify other criminals as well
   - Some states ban individuals whose conduct didn’t lead to conviction.
3. Employment
   - Criminal record stigma in employment -> restrictions in public and private sector
   - Fed & state laws: statutory prohibitions, licensing provisions and statutorily background checks.
   - Deny of licensees based on criminal history, even with statutory law trying to protect them.
4. Public Benefit
   - 14 states adhered to Fed ban -> completely exclude individuals convicted of felony drug offenses from benefits (cash assistance, food stamps, fed loans for education…)
5. Voting
   - 48 states and DC ban individuals who are incarcerated for felony offenses from voting
   - 30 states ban individual felony probation from voting.
   - Virginia and Kentucky life time ban for felony convictions.