Author Question: What constitutional rights exist during sentencing? What will be an ideal ... (Read 5 times)

Ebrown · **on:** Aug 17, 2018

What constitutional rights exist during sentencing?

What will be an ideal response?

Question 2

In what ways has the Supreme Court limited the types of sentences that can be handed down? Be specific and cite cases.

What will be an ideal response?

cupcake16 · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

A defendant enjoys at least three important constitutional rights during the sentencing process: (1) the right not to be put twice in jeopardy, (2) the right to a sentence that conforms with the Eighth Amendment's proscription against cruel and unusual punishment, and (3) the right to counsel at sentencing-related hearings, regardless of his or her ability to afford representation.

Answer to Question 2

Woodson v. North Carolina, 428 U.S. 280 Mandatory death penalty lawsthat is, those that do not take aggravating and mitigating circumstances into accountare unconstitutional.

Enmund v. Florida,458 U.S. 782 It is unconstitutional to impose death on a person who participates in a felony that results in murder without considering the participant's level of intent.

Apprendi v. New Jersey, 530 U.S. 466 Any fact, other than prior conviction, that increases the penalty for a crime beyond that allowed by statute must be submitted to a jury and proven
beyond a reasonable doubt.

Atkins v. Virginia, 122 S. Ct. 2242 The execution of a mentally retarded person violates the Eighth Amendment.

Roper v. Simmons, 543 U.S. 551 The execution of offenders who committed their capital crime under the age of 18 violates the Eighth Amendment.

Graham v. Florida, 560 U.S. Juvenile offenders cannot be sentenced to life in prison for non-homicide offenses.

Miller v. Alabama, 567 U.S. Life in prison without parole for juvenile homicide offenders is cruel and unusual punishment, in violation of the Eighth Amendment.

Alleyne v. United States, 570 U.S. Any element of a crime that increases the mandatory minimum punishment must be submitted to a jury and proven beyond a reasonable doubt.