Sentencing, Punishment, Appeal, and Habeas Corpus (rarely tested)

Question 1

Procedural rights in sentencing

Answer 1

A defendant has a right to counsel during sentencing

Question 2

Death penalty

Answer 2

Jury must have reasonable discretion in making the decision
-No death penalty for rape, felony murder, minors, insane or disabled person

Question 3

No right to appeal

Answer 3

There is no constitutional right to an appeal

Question 4

Habeas corpus proceeding

Answer 4

A civil action against the state to determine whether a detainee/prison’s detention is unlawful
-Indigent has no right to appointed counsel
-Preponderance of the evidence to show unlawful detention
-Must exhaust all appeals before a habeas proceeding

Question 5

Prisoners’ Rights

Answer 5

Prison regulations violate due process only if they impose “atypical and significant hardship”
-No reasonable expectation of privacy in prison cells
-Prisoners must be given access to courts