09 Constitutional Rights in Sentencing and Punishment

A defendant has a right to […] during sentencing.

counsel

T/F: A sentence may generally be based on hearsay and uncross-examined reports.

T

In usual sentencing, a defendant generally does not have a right to [..1..] or [..2..].

confrontation, cross-examination

For a magnified sentence based on a statute requiring new findings of fact, those facts require rights to [..1..] and [..2..].

confrontation, cross-examination

A defendant in a death penalty case must have greater opportunity for […] than in non-capital sentencing.

confrontation

If a harsher sentence is imposed after reconviction, the judge must state reasons to avoid […] penalization.

vindictive

A judge need not state reasons for a harsher sentence after reconviction if it was imposed upon a […] trial.

de novo

A judge need not state reasons for a harsher sentence in a state using jury sentencing, unless the second jury was […] of the first jury's sentence.

informed

The Eighth Amendment prohibits […] and […] punishment.

cruel, unusual

A penalty that is […] to the seriousness of the offense committed is cruel and unusual.

grossly disproportionate

T/F: State appellate courts must compare a death sentence under appeal with penalties in similar cases.

F

A death penalty statutory scheme must give the jury reasonable [..1..], provide full [..2..] about defendants, and offer [..3..] in decision-making.

discretion, information, guidance

T/F: A death penalty statute can be upheld even if it is vague.

F

A death penalty statute must allow the sentencing body to consider all […] evidence.

mitigating

If a death sentence is based on a prior conviction as an aggravator, and that conviction is invalidated, the death sentence must be […].

reversed

A death sentence affected by an unconstitutional factor can be upheld only if all factors are [..1..] and death is still found [..2..].

reweighed, appropriate

The death penalty for rape is prohibited if the rape was neither intended to, nor did, result in […].

death

The death penalty for felony murder is prohibited unless the defendant's participation was [..1..] and they acted with [..2..] to human life.

major, reckless indifference

The Eighth Amendment prohibits executing a prisoner who is […] at the time of planned execution.

insane

Imposing the death penalty on a person who is […] is cruel and unusual punishment.

intellectually disabled

T/F: The Eighth Amendment forbids executing a person with memory loss of the crime if they rationally understand the reason for the sentence.

F

Executing persons who were under […] years old at the time of their offense violates the Eighth Amendment.

18

T/F: The mere possibility of improper administration of lethal injection causing pain makes it cruel and unusual.

F

A lethal injection protocol is cruel and unusual if the condemned proves a [..1..] of unnecessary pain, OR a [..2..] that significantly reduces such risk.

serious risk, feasible alternative

A statute criminalizing a "status" violates the […] Amendment.

Eighth

T/F: It is permissible to criminalize specific activity related to a status, even if criminalizing the status itself is unconstitutional.

T

The Eighth Amendment forbids life without parole for a minor who committed a […] crime.

non-homicide

For minors who committed homicide, the Eighth Amendment prohibits a sentencing scheme that […] life without parole.

mandates

A trial judge, in determining the sentence, may consider a belief that the defendant committed […] while testifying.

perjury

Imprisonment exceeding the statutory maximum due to involuntary nonpayment of a fine violates the […] Clause.

Equal Protection