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SENTENCING AND APPEALS

SENTENCING AND APPEALS. “Will the punishment of the thief bring back the stolen money? No more than the hanging of a murderer restores his victim to life.” Abraham Lincoln Lock ‘ em up & throw away the keys. Checklist: SENTENCING. 5 TH /14 TH Amdts. Due Process

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SENTENCING AND APPEALS

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  1. SENTENCING AND APPEALS “Will the punishment of the thief bring back the stolen money? No more than the hanging of a murderer restores his victim to life.” Abraham Lincoln Lock ‘em up & throw away the keys

  2. Checklist:SENTENCING • 5TH/14TH Amdts. Due Process • 6th Amdt. Right to Counsel • 6th Amdt. Right to a Jury Trial • 8th Amdt. Right against Cruel and Unusual Punishment • 14th Amdt. Equal Protection Clause

  3. SentencingComponent #1:DUE PROCESS • Was the defendant given procedural protections before probation or parole was revoked? • Did the defendant receive a higher sentence following an appeal and reversal due to the vindictiveness of taking an appeal?

  4. SentencingComponent #2:RIGHT TO COUNSEL • Was the defendant provided counsel at the critical stage of sentencing? • Did a court consider providing the defendant with counsel during parole revocation proceedings dependant upon the complexity of the issues involved?

  5. SentencingComponent #3:JURY TRIAL Did the jury determine beyond a reasonable doubt any fact that increases the maximum punishment beyond the statutory maximum?

  6. SentencingComponent #4:CRUEL & UNUSUAL PUNISHMENT Was the sentence imposed significantly disproportionate to the crime when considering: • The gravity of the offense and the harshness of the penalty • Sentences imposed on other criminals in the same jurisdiction • Sentences imposed for the same crime in other jurisdictions

  7. SentencingComponent #5:EQUAL PROTECTION • Was the defendant incarcerated because of his inability to pay a fine?

  8. Checklist:APPEALS • 5TH/14TH Amdts. Due Process • 14th Amdt. Equal Protection

  9. AppealsComponent #1:DUE PROCESS • Was the defendant provided with counsel on his first appeal as of right?

  10. AppealsComponent #2:EQUAL PROTECTION • Was the defendant discriminated against in the appellate process due to his poverty? - Not provided with counsel - Not provided with a trial transcript

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