Crim Pro - 8th and 14th Amendment
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
8th Am Cruel and Unusual Punishment
1) Punishment must be proportionate to offense
- 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
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
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.
Home > Flashcards > Print Preview