crim pro - 8th and 14th Am.txt

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crim pro - 8th and 14th Am.txt
2013-07-17 01:13:28
ca bar crim pro 8th 14th Am

ca bar crim pro 8th 14th Am
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  1. 8th Am Cruel and Unusual Punishment
    1) Punishment must be proportionate to offense
  2. Death Penalty
    • Major rules:
    • 1) does not inherently violate 8th Am
    • 2) jury must be allowed to consider *ALL* mitigating factors, or else statute is unconstitutional
    • 3) cannot have an automatic category for imposition of the death penalty
    • 4) only a jury, and not a judge, may determine the aggravating factors justifying imposition of the death penalty.
    • Minor Rules:
    • a) can be imposed for felony murder if D participated in a major way and acted with reckless indifference
    • b) jury can consider the impact on victim's family
    • c) cannot be imposed on mentally retarded and minors
  3. 14th Am Due Process
    • 1) burden of proof on prosecution to prove guilt beyond a reasonable doubt
    • 2) states may impose burden on defendant to prove affirmative defenses
    • 3) violates DP if identification is unnecessarily suggestive and there is a substantial likelihood of misidentification
  4. 14th Am DP for confessions
    • For a self-incriminating statement to be admissible under the DPC, it must be voluntary, as determined under the TOC
    • A statement will be involuntary only if there is coercion.