Crju Final Ch. 13

Front 1

Separation-of-Powers Doctrine

Back 1

Power is distributed among 3 branches of govnt:legislative, executive & judicial.
- Doctrine ensures that the same person/group wont make the law, interpret it & apply it.

Front 2

Truth in Sentencing

Back 2

Laws require offenders to serve substantial portion of their sentences.
- Under these laws parole eligibility & good-time credits are eliminated or restricted.

Front 3

Presentence Investigation

Back 3

Summary into the background & character of a defendant that assists the court in determining the most appropriate sentence.

Front 4

Allocution

Back 4

Practice is available so that the court can identify the defendant as the person judged guilty & defendant can be given opportunity to plead for mercy or pardon, move for an arrest of judgment or indicate why judgment ought not to be pronounced.

Front 5

Weems vs. United States

8th Amend--Death Penalty

Back 5

Court struck down a sentence involving a heavy fine--all for offense of making false enteries in official records.
- Supreme found sentence disproportionate to the offense, thus, Weems first case Court invalidated a criminal punishment on 8th amend. grounds.

Front 6

Witherspoon vs. Illinois

8th Amend--Death Penalty

Back 6

First indication death penalty might be in trouble.
Illinois court permitted a verdict of guilty & sentenced to death to be handed down by a jury from which the state had systematically excluded all prospective jurors who had any scruples against capital punishment.
- Court upheld Witherspoons challenge, ruling that the "death-qualified jury" was indeed unconstitutional.

Front 7

McGauth vs. California

8th Amend--Death Penalty & 14th Amend

Back 7

argued that leaving the choice btw life imprisonment or death to the total discretion of a jury was a violation of the due process clause of 14th amendment.
- McGautha seemed to be a fatal blow to the movement dedicated to the abolition of capital punishment & was widely viewed as the Supreme Court’s final word on the death penalty.

Front 8

Furman vs. Georgia

Back 8

William Furman received the death sentence for a murder that occured during the course of a burglary attempt.
- Decision whether Furman's sentence should be life or death was left to the jury; his conviction & sentence was affirmed by all Georgia courts.