Sentencing

Question 1

What Amendment protects against excessive punishment?

Answer 1

The Eight Amendment

Question 2

When is punishment constitutionally excessive

Answer 2

1. It makes no measurable contribution to acceptable goals of punishment OR
2. Is grossly out of proportions on the severity of the crime

Question 3

What is the more common means of challenging punishment as constitutionally excessive

Answer 3

Is grossly out of proportions with the severity of the crime

Question 4

What punishment counts as excessive according to the Supreme Court

Answer 4

1. Life in Prison for a parking ticket - Ewing
2. Death for Rape - Coker v Georgia

Question 5

What doesn’t count as excessive

Answer 5

1. Life with Parole Habitual Offender Laws - Rummel v Estelle
2. Life without Parole Tough on Crime Laws - Harmelin v Michigan
3. A Life for a Life(death sentence for murder) - Coker

Question 6

What factors does the Supreme Court use in Sentencing Proportionality Review?

Answer 6

1. The primacy of the Legislature - deference given to the legislature
2. The variety of legitimate state punishment reasons
3. Federalism - States are allowed to deal with criminal behaviour in different ways as they choose
4. The Eighth amendment only forbids grossly disproportionate extreme sentences

Question 7

What was the holding of Coker v Georgia?

Answer 7

Imposing the death penalty for the crime of rape violates the Eighth Amendment

Question 8

What was the holding of Ewing v California?

Answer 8

The Constitution does not prohibit a 25-year sentence for serious, habitual offenders

Question 9

What was the holding of Harmelin v Michigan?

Answer 9

Life without Parole for possessing 672g of cocaine (felony) as a first offense was constitutional

Question 10

As reviewed in Ewing

What was the holding of Solem v Helm?

Answer 10

Life without parole for 7 non-violent felonies was a violation of the eighth amendment because there was no possibility of parole

Question 11

What was the holding in Rummel v Estelle?

Answer 11

Habitual Offender Laws that impose longer sentences (including life) do not violate the 8th amendment

Question 12

How does the court distinguish the ruling that life under the Habitual Offender Statute in Rummel was constitutional but Life without Parole for 7 non-violent felonies was unconstitutional?

Answer 12

Helm’s sentence was more serious than the life sentence validated in Rummel because parole was possible after 12 years.

Question 13

What are the penological schemes a state may decide to advance?

Answer 13

Punishment, Retribution, Deterrence and Rehabilitation