Instead, by triggering a new hearing to determine whether the convicted person was a public threat, a habitual offender, or mentally ill, the law in effect constituted a new charge that must be accompanied by procedural safeguards. The sex offenders law, the Court observed, did not make the commission of the particular offense the basis for sentencing. Patterson, 10 the Court considered a defendant who had been convicted of taking indecent liberties, which carried a maximum sentence of ten years but was sentenced under a sex offenders statute to an indefinite term of one day to life. There are various sentencing proceedings, however, that so implicate substantial rights that additional procedural protections are required.
CONSTITUTIONAL RIGHT TO DUE PROCESS TRIAL
the Court declared that, under the current scheme of individualized indeterminate sentencing, the judge must be free to consider the broadest range of information in assessing the defendant's prospects for rehabilitation defendant's truthfulness, as assessed by the trial judge from his own observations, is relevant information. Grayson, 7 a noncapital case, the Court relied heavily on Williams in holding that a sentencing judge may properly consider his belief that the defendant was untruthful in his trial testimony in deciding to impose a more severe sentence than he would otherwise have imposed. Florida, 5 however, the Court limited the application of Williams to capital cases.
Thus, hearsay and rumors can be considered in sentencing. Further, disclosure of such information to the defense could well dry up sources who feared retribution or embarrassment. The Court viewed as highly undesirable the restriction of judicial discretion in sentencing by requiring adherence to rules of evidence which would exclude highly relevant and informative material. New York, 4 the Court upheld the imposition of the death penalty, despite a jury's recommendation of mercy, where the judge acted based on information in a presentence report not shown to the defendant or his counsel. In the absence of errors by the sentencing judge, 1 or of sentencing jurors considering invalid factors, 2 the significance of procedural due process at sentencing is limited. United States Library of Congress, The Constitution of the United States of America: Analysis and Interpretation "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law nor shall private property be taken for public use, without just compensation." What It Means Post-Conviction
Consult with an experienced criminal defense attorney to learn your options and protect your rights post-conviction. Some of these rights fall under the Fifth Amendment right to due process and are often called "post-conviction relief."Ī conviction doesn't mean your case is over. Even if someone is found guilty, they still have constitutional rights. A lot can happen in a criminal case, even after a conviction.
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