Sentencing - CON LAW 4/5-Sentencing Drug Sentencing...

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CON LAW 4/5--Sentencing Drug Sentencing Different guidelines for drugs such as crack and powder cocaine 100 times as much cocaine as crack to get the same sentence Are there racial factors at play in this issue? Do justices always have to follow these guidelines US v. Booker Kimbrall v. US Can consider the disparity between crack and powder cocaine Fair Sentencing Act Decrease disparity of sentencing for crack and powder cocaine from 100 to 1 to 8 to 1 Most of the Act does not apply retroactively Can’t help anyone who is already in jail Dorocy v. US Hill v. US Eighth Amendment--Cruel and Unusual Punishment Gravity of the crime, harshness of the penalty Solem v. Helm Scalia argues framers’ intent Was the death penalty considered cruel and unusual when the founders created the amendment Death Penalty
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Furman v. Georgia (1972) DP was made unconstitutional in Georgia because juries decided when and who to sentence to death Disproportional amount of blacks were killed
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Unformatted text preview: DP was used in an arbitrary and capricious States rewrite their death penalty laws so that they can keep the death penalty New statutes clarified which crimes were eligible for death penalty Two phases of trial for capital cases Find guilty or innocent If guilty, argue for life without parole or death penalty McClescky v. Kemp The disproportionate sentencing based on race was not enough to overturn a guilty verdict This ruling was made despite the fact that strong research showed the disparities between race in terms of sentencing Limits for who can receive the death penalty Roper v. Simmons Court strikes down death penalty for juveniles Coker v. Georgia Unconstitutional to sentence someone to death for raping a woman Graham v. Florida Life sentences without parole for juveniles who have committed non-homicidal crimes is unconstitutional...
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  • Spring '12
  • Wechsler
  • Civil Rights, cocaine, Roper v. Simmons, Eighth Amendment to the United States Constitution

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