Sentencing and Punishment Flashcards
What procedural rights are involved in sentencing?
defendant has a right to counsel.
Sentence may be based on hearsay/un-cross examined reports (no right to confrontation or cross-examination)
But facts related to sentence enhancements must be found in context granting right to confrontation and cross
Defendant in death penalty case is afforded more opportunity for confrontation than defendants in other proceedings
Can a defendant be more harshly sentenced on reconnection after appeal?
Yes but judge must set forth in the record the reasons so as to ensure it is not a penalty for taking an appeal (not applicable to jury sentencing unless second jury. told of first jury’s sentence)
What are the defendant’s substantive rights regarding punishment?
8A prohibits cruel and unusual punishment, which is a penalty grossly disproportionate to the seriousness of the offense
When may the death penalty be imposed for murder?
Can be imposed only under a statutory scheme giving judge/jury reasonable discretion, full information, and guidance. Statute cannot be vague and must allow consideration of all mitigating evidence.
Can a death sentence be partially based on the aggravating factor of a prior conviction?
yes, but if the prior conviction is invalidated, the sentence must be reversed
What is the standard of review for a death sentence?
death sentence affected by an unconstitutional factor may be upheld but only if all aggravating and mitigating factors are reweighed
Can the death penalty be imposed for rape?
no if the rape was neither intended to result nor did result in death/8A prohibition
What kinds of prisoners does the 8A prohibit executing?
Those insane at the time of execution, even if sane at time of crime
Intellectually disabled prisoners
those who were minors at the time of the crime
Can a person who does not remember the crime committed be executed?
yes, if they can still form a rational understanding of the reason for the death sentence
When can a defendant challenge an execution procedure as cruel and unusual?
where they can show there is a serious risk of unnecessary pain or that there is a feasible alternative that can be readily implemented and reduces the risk of severe pain
What does the 8A require of minors with regard to life imprisonment?
no life without parole sentence for non-homicide crimes
may be sentenced to life without parole for homicide, but no mandatory imposition of the sentence
Can a judge take a defendant’s perjury into account in sentencing?
yes
When is imprisonment for inability to pay costs/fines an equal protection violation?
where the aggregate imprisonment exceeds that maximum statutory period and results directly from involuntary nonpayment of fine/costs
When is revocation of probation accompanied by a right to counsel?
when it also involves imposition of anew sentence
if it is an already imposed sentence springing into application, or parole revocation, right to counsel only available if representation is necessary to a fair hearing
When do prison regulations impinge on due process rights?
when they impose atypical and significant hardship in relation to the ordinary incidents of prison life
Do prisoners have 4A protections for cell searches?
no, no reasonable expectation of privacy
How may prisoners’ 1A rights be burdened?
by regs reasonably related to penological interests
note: incoming mail can be regulated but outgoing mail cannot
usually need compelling interest to interfere with religious practices
When does double jeopardy attach?
5A/person may not retried for the same offense once jeopardy attaches
Attaches in jury trial at empaneling and swearing of jury
Attaches at bench trial when first witness sworn
Commencement of juvenile proceeding bars subsequent criminal trial for same offense
What exceptions to double jeopardy permit retrial even after jeopardy attaches?
First trial ends in hung jury
Manifest necessity to abort original trial or termination of first trial at behest of defendant
Defendant successfully appeals condition (unless ground for reversal is insufficient evidence to convict)
Reinstatement of charges after breach of plea bargain
Defendant could have been tried on all charges at once, but elected to have separate trials
When are two crimes not the same offense?
two crimes are the same offense unless each crime requires proof of an additional element that the other does not require, even if there are overlapping facts
When are multiple punishments permissible even where the two crimes constitute the same offense?
legislative intent to have cumulative punishments
What is the effect of double jeopardy on lesser or greater offenses?
jeopardy for greater offense bars retrial for lesser included
jeopardy for lesser included bars retrial for greater
Exception: – the unlawful conduct used to prove the greater offense (1) had not occurred at prosecution of lesser offense or (2) had not been discovered despite due diligence (e.g., battery victim later dies)
Exception: may prosecute offense despite guilty plea on lesser included or allied offense
What is the jurisdictional scope of double jeopardy?
doesn’t apply to separate sovereigns (may be tried for same conduct by state A and State B or by state and feds but not by state and municipalities
When may the prosecution appeal?
Any dismissal on defendant’s motion not constituting acquittal on the merits
What is collateral estoppel?
defendant may not be tried/convicted of a crime if a prior prosecution by that sovereignty resulted in a factual determination inconsistent with one required for conviction
