Sentencing and Post-Trial Procedures Flashcards
Three Primary Constitutional Provisions Regulating Sentencing
(1) Cruel and Unusual Punishments Clause (8th Amendment)
(2) Double Jeopardy Clause (5th Amendment)
(3) Apprendi Doctrine (6th Amendment)
Capital Punishment
Can only be imposed on Ds that are:
(1) Competent
(2) 18 or older when crime committed; and
(3) Convicted of homicide
Double Jeopardy Clause
Protection against prosecution for the same offense after ACQUITTAL
Protection against prosecution for the same offense after CONVICTION
Protection against MULTIPLE prosecutions or punishments for same offense
Separate Sovereigns Rule
If two different sovereigns have jurisdiction over the crime committed (e.g., a state and the U.S. or two different states), they can each try the defendant separately
Double Jeopardy Clause does not bar a defendant from being tried, convicted, and punished in both jurisdictions
Charged vs. Punished
D can be charged and tried for an offense and a lesser-included offense at the same trial, but the D can only be punished for one offense
When does Jeopardy Attach?
Jury Trial: When jury is sworn in
Bench Trial: When first witness is sworn in
Note on Acquittals
Prosecution CANNOT APPEAL from an acquittal
Types of Mistrials
2
(1) Manifest Necessity (can be retried)
2) No Manifest Necessity (cannot be retried
The Apprendi Doctrine
Sixth Amendment PROHIBITS JUDGES FROM ENHANCING CRIMINAL SENTENCES BASED ON FACTS OTHER THAN THOSE DECIDED BY THE JURY beyond a reasonable doubt
Exception to the Apprendi Doctrine
Sentence enhancement BASED ON PRIOR CRIMINAL CONVICTIONS need not be found by a jury
Double Jeopardy: Blockburger Test
Each crime must REQUIRE PROOF OF AN ELEMENT THAT THE OTHER DOES NOT in order for each to be considered as a separate offense
