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Hello, everyone.

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Last week we looked at the various
stages of a criminal trial,

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that is to say, what happens when
a criminal defendant goes to court

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after pleading not guilty to a crime.

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We also looked at the protections
granted to the defendant at trial.

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This week and next week,
we will look at what happens when

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a criminal defendant pleads guilty
or is found guilty at trial by a jury.

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That stage is called sentencing.

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The sentencing can only take place
after the defendant's guilt is

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established.

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The sentence, which is normally
set by the judge except for capital

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cases, can serve several purposes.

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Retribution:

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The defendant receives the punishment
he deserves in view of the crimes

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he committed.

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Deterrence:

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It is the fact of dissuading the
convicted defendant from committing

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crimes again.

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Rehabilitation:

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It is the fact of helping the convict
become a changed, productive member

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of society.

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Incapacitation: It is the fact of
removing the convicted person from

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society by sending him to prison.

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Restoration:

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It is the fact of getting the convicted
defendant to repair the harm he

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caused the victim by ordering him
to pay damages or do community service.

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When is the sentence pronounced
for misdemeanors, which are smaller

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offenses?

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The sentence is usually handed
down immediately after the conviction

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by the trial judge at the trial itself.

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In other cases, like felonies,
a date is set for a specific hearing

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in the days or weeks ahead.

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The sentencing hearing is an
adversarial process.

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It means that both sides are allowed
to present evidence,

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make arguments and call witnesses.

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The prosecution can plead aggravating
factors and the defense will usually

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plead mitigating circumstances.

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Who pronounces the sentence?

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The rule is that the sentence is
pronounced by the judge.

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There is an important exception
which applies to capital cases

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for which the sentence comes from
the trial jury, just like the

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conviction itself.

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What are the most common sentences?

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What follows is a non-exhaustive
list: Capital punishment,

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that is to say, the death penalty
imprisonment with or without parole

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and it can be suspended.

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Probation, payment of a fine,
restitution,

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community service, house arrest,
etc..

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When the defendant was convicted
of several offenses,

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the judge can decide that the sentences
will be served concurrently,

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that is to say, at the same time
or consecutively, that is to say,

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one after the other.

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We will consider briefly three
controversial types of sentences

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or sentencing policies,
as well as a fundamental constitutional

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protection, which is the protection
against double jeopardy.

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Let's have a look at death penalty.

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Is it a cruel and unusual punishment?

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The cruel and unusual punishment
clause of the Eighth Amendment

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was incorporated against the states
in the 1962 case,

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Robinson versus California.

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Death penalty is a very sensitive
issue.

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The federal government and the
US military applied the death penalty

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in some limited cases,
but capital punishment is used

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essentially at state level.

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A majority of states still use it,
although the current trend is towards

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more states abolishing it for various
reasons moral, ethical,

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legal, but also economic.

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Today, 27 states still allow capital
punishment and 20 states have abolished

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it.

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The Supreme Court has never declared
the death penalty itself to constitute

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cruel and unusual punishment.

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In other words, it has never been
ruled unconstitutional.

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Fairness in capital trials,
like in all trials, is essential.

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Regarding the death penalty,
in a 1972 ruling Furman versus Georgia,

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the Supreme Court decided that
precise guidelines should be given

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to the judge and jury to ensure

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fairness in sentencing.

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The state of Georgia established
a two-stage process:

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First, consider guilt or innocence.

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Today, this is the role of the jury.

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And second, if the defendant was
found guilty, consider aggravating

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or mitigating circumstances when
deciding about punishment.

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The Supreme Court approved this
change in its 1976 ruling in Gregg

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versus Georgia, and most death
penalty states use this process today.

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Since then, many court precedents
have aimed at ensuring that a number

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of conditions had to be met for
the death penalty to be ordered.

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What methods of execution are available
in the late 1970s?

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Lethal injection was used in most
states, as well as electrocution,

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the gas chamber, hanging and the
firing squad.

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Some states still offer these
alternatives to the lethal injection.

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Use of the lethal injection has
been questioned in the 2008 case

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Baze versus Rees.

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The Supreme Court considered that
the use of a three-drug protocol

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in Kentucky did not breach the
Constitution.

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In some states, several pharmaceutical
companies have refused to provide

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states with drugs to indicate their
opposition to the death penalty.

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Therefore, some states are
reintroducing their former method

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of execution, like the electric chair.

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In June 2015, in the 5 to 4 Glossip
versus Gross decision,

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the Supreme Court set a new standard
for challenging execution methods.

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On top of proving that the method
they are challenging presents a

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"substantial risk of causing severe
pain",

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a death row inmate has to offer
an alternative method of execution

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that is feasible and readily
implemented.

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The right of inmates to have religious
ministers present in the execution

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room with them was also raised
in various cases.

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Now, who can be sentenced to death?

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In the early 2000s

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the Supreme Court overturned precedents
about two important categories

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of offenders: juveniles and the
mentally ill or mentally retarded.

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In a 2002 case, Atkins versus
Virginia, the court declared

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unconstitutional the execution
of mentally retarded people. In

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a 2005 case, Roper versus Simmons,
it found unconstitutional,

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unconstitutional,

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the execution of offenders who
were under the age of 18 when the

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crime was committed.

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In the 2014 case, Hall versus Florida,
the Supreme Court found

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unconstitutional

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a statute passed by the state
of Florida setting an IQ cut-off

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for determining intellectual
disability.

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In its 2019 case, Madison versus
Alabama,

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the Supreme Court held that an
inmate who had had multiple strokes

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and could not remember his crime
anymore might not be eligible for

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execution if his memory loss was
also accompanied by an inability

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to understand why the state was
seeking to execute him.

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One last important point regarding
death penalty.

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In its 2008 ruling, Kennedy versus
Louisiana, the Supreme Court considered

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that it is only allowed for murder
to the exclusion of other crimes.

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In other words, if someone commits
a rape without killing his victim,

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he cannot be sentenced to death.

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Next week, we will continue with
other aspects of the sentencing phase.

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In the meantime, good bye.