Sentencing and Post-Trial Procedures

Question 1

General

Answer 1

three provisions that regulate sentencing

1. cruel and unusual punishments clause of the 8A
2. double jeappordy clause of the 5A
3. apprendi line of cases under the 6A

Question 2

Cruel + Unusual - Length of Prison

Answer 2

Rule - virtually any length of sentence for any crime

Exception - juviniles cannot be sentenced to life without parole for non-homicide crimes

Exam Tip - hardly ever tested

Question 3

Cruel + Unusual - Capital Punishment

Answer 3

Rule - in cases that involve an actual individual victim, the SCOUT has held that capital punishment can be imposed only in cases in which the victim dies

Rule - death penalty cannot be imposed upon:

1. D’s who were under the age of 18 when they committed the crim
2. mentally retarded D’s
3. D’s who are insane at the time of execution (even if they were sane at the time the crime was committed)

Unlikely to be on MBE

Ohio - may only be imposed for aggravated murder (1st degree and felony murder) and one of 10 minor ones such as assasination of a high level political figure, while in detention or escape from detention, under 13 years old, prevention of testimony, etc.

Question 4

Cruel + Unusual - Other Types of Sentences + Punishments

Answer 4

Rule - 8A prohibits the imposition of cruel or unusual/degrading punishments as well as excessive but you must have been convited of a felony for the 8A to apply

Note - has been extended to things dne to prison inmates including denial of medical treatment and use of hitching posts

Unlinkely to be on MBE

Question 5

Cruel + Unusual - Double Jeopardy Clase

Answer 5

Three separate protections:

1. protection against prosecution for the same offense after acquittal
2. protection against prosecution for the same offense after conviction
3. protection against multiple prosecutions or punishments for the same offense

1. Same Offense - blockburger test - does each statutory provision require proof of an element that the other does not

Warnings about Same Offense Test:

• offenses with different victims are separate offenses for double jeopardy purposes; killing two bictims with one shot can be prosecuted as two separate crimes
• separate soverign rule - if two different soverigns have jurisdiction over the crime committed then they can each try the defendant separately; may be tried, convicted, and punished in both jurisdictions

2. Attachement and End of Jeopardy

General - jeopardy attaches when a jury is sworn in or, in a bench trial, when the the first witness is sworn in

Changes - before trial begins, prosecutor can add/drop/change charges without DJ problems

Acquittal - end of the case and the D cannot be retried by the same juris for the saem offense; unappealable

Conviction - if jury convicts D, and he appeals and gets the conviction reversed, he can be retried unless the reversal was based on insufficiency of the evidence

Note - if jury convicts and D does not appeal or his conviction is affirmed, that is the end of DJ and he cannot be retried by the same jujris for the same offense

Mistrial

• Manifest Necessity - when jury is deadlocked or defense counsel engages in misconduct - D can be retried
• No Manifest Necessity - judge declears mistrial so he does not miss his plane - D cannot be retried

Question 6

Cruel + Unusual - Apprendi Doctrine

Answer 6

D entitled to have the jruy decide by proof beyond a reasonble doubt all the elements necessary to impose a particular criminal punishment

1. all facts necessary to authorize a particular sentence must be found by a jury and
2. all facts necessary to authorize a particular sentence must be found beyond a reasonble doubt

Exeption - sentence enhancement based on prior criminal convictions need not be charged in the case that results in the higher sentence