Sentencing

Question 1

what are some sentencing factors

Answer 1

1. past criminal conduct
2. future dangerousness
3. false testimony at trial
4. victim impact statements

Question 2

what can sentence not be based on

Answer 2

1. silence at trial
2. race
3. judicial vindictiveness

Question 3

what are the proportionality considerations for non-capital cases

Answer 3

1. severity of the offense
2. whether same locality is sentencing other people in similar situation that way
3. how other jurisdictions are doing it

but court will refer to legislature

Question 4

when is death penalty forbidden

Answer 4

1. any crime but murder
2. ∆ is mentally retarded
3. ∆ committed crime before age 18

Question 5

what are the rules around juvenile sentencing

Answer 5

1. no LWOP for juveniles in NON homicide cases
2. no mandatory LWOP for juveniles in homicide cases
3. LWOP is OK for juveniles in homicide cases as long as it’s discretionary

Question 6

what are the rules around executions and mental competence

Answer 6

8th doesn’t forbid execution of ∆ who can’t remember the crime

test: ∆ is competent to be executed if ∆ can understand the rationale for it

Question 7

what is the rule around painful exectuion

Answer 7

execution isn’t supposed to be painless. ∆ can get an alternative method if it is
1. feasible and ready to be implemented
2. substantially reduces risk of severe pain

Question 8

what is the ONLY fact that doesn’t need to be found by a jury in order to increase sentence beyond the prescribed statutory range

Answer 8

criminal history

Question 9

are sentencing guidelines mandatory

Answer 9

no - just advisory

Question 10

is sentencing outside of the guidelines presumptively unreasonable?

Answer 10

no