Greenberg Cruel And Unusual Punishment

Front 1

Ewing v. California

Back 1

3 strikes you're out is not cruel and unusual. Court wont sit as a superlegislature, enough that enhanced sentences for habitual felons advances the goals of its criminal justice system in any substantial way". Policy reflects a rational judgment, entitled to deference.

Front 2

Roper

Back 2

Can't execute someone under 18 at the time of the offense: Evolving standards of decency test - studies show that juveniles lack maturity and sense of responsibility compared to adult, and found to be statistically overrepresented in virtually every category of reckless behavior.

Front 3

Booker

Back 3

Other than prior convictions, judge can't use facts not found true by the jury in determining the sentence. Maximum sentence is that available based on the facts the jury found true beyond a reasonable doubt. Extension of original principle in APPRENDI holding that only facts found true beyond a reasonable doubt can be considered to extend the conviction beyond the statutory maximum, otherwise known as the law can't allow for extension of the maximum based on anything other than the facts found by the jury.

Front 4

Blockburger

Back 4

Can impose consecutive sentences for related offenses so long as one involved proof of an additional fact that the other did not.

Front 5

Heath v. Alabama

Back 5

Dual sovereignty doctrine allows for prosecution for the same underlying act by two sovereigns, (state and fed, or two states) both of whose laws were broken by the act. Essentially two different offenses.

Front 6

What amendment?

Back 6

VIII