Sentencing and Punishment

Question 1

Cruel and Unusual Punishment

Answer 1

The eighth amendment prohibits cruel and unusual punishment which is a penalty that is gross disproportionate to the seriousness of the offense committed

This is a very hard to meet standard

Question 2

Death Penalty (8th amendment)

Answer 2

A death penalty statute would violate the eighth amendment if it created an automatic category for the imposition of the death penalty

The death penalty can be imposed only under a statutory scheme that gives the jury reasonable discretion, full information concerning defendants, and guidance in making the decision.

Question 3

Evidentiary Requirements (death penalty)

Answer 3

In deciding whether to impose the death penalty, jurors must be allowed to consider all potentially mitigating evidence

Question 4

Categorical Exclusions to the Death Penalty

Answer 4

The eighth amendment prohibits the imposition of the death penalty

1) against defendants with an intellectual disability
2) against defendants who are presently insane (can be executed if regain health)
3) against defendants who were under the age of 18 at the time the offense occurred
4) for crimes against a person where the victim did not die (EX: Rape)

NOTE – it is also unconstitutional to sentence juvenile offenders to mandatory life in prison without the possibility of parole

Question 5

GA Death Penalty

Answer 5

In GA, if the jury does not recommend a death sentence, the jury is to decide whether to recommend a sentence of life imprisonment without parole or life imprisonment with the possibility of parole

Question 6

Sentence Enhancement

Answer 6

Any fact that increases either the statutory maximum or the mandatory minimum sentence for a crime must be found by the jury and proved beyond a reasonable doubt

The defendant’s right to a jury trial is violated if the judge makes this determination

Question 7

Whether Sentences Run Consecutively

Answer 7

A state legislature may give to its judges (rather than the jury) the power to decide whether sentences for multiple crimes are to run consecutively or concurrently, even though the decision is based on the facts of the case.

Question 8

GA Sentencing Evidence

Answer 8

Evidence of unproven criminal charges is admissible during the sentencing phase of a defendant’s trial if the state timely notifies the defendant of its intention.

The notice must describe the unproven charges with enough particularity to alert the defendant to hat they must defend against