F:The state dismissed the conspiracy charge and withdrew its notice of intent to seek the death penalty. After hearing, D was sentenced to a determinate life term in prison. D appeals from the judgment of conviction and fixed life sentence, claiming that her sentence was excessive.
D, a registered nurse, desperately wanted her ex-husband back, and D killed ex-husband’s new wife by injecting her with a lethal dose of insulin with the help of two complices.
Any witnesses? Baby
I:Whether the trial court’s decision (D’s sentence to a determinate life term in prison due to D’s killing the victim) was based on an abuse of discretion (imposing an excessively harsh sentence) which resulted in D’s sentence to a determinate life term in prison.
R:The trial court did not abuse its discretion in imposing a determinate life sentence
A:Having conducted an independent review of the record, which are the nature of the offense, the character of the offender, and the protection of the public interest, respectively, D’s offense was so egregious that it demanded a severe measure of retribution and deterrence, regardless of D’s potential for rehabilitation.
(2) Notes and Questions
A. Determining the sentence
B. The sentencing process: the preparatio of a presentence report (PSR) that will form the basis for the court's sentencing decision. Once the PSR is complete, the parties review it and raise objections to the information contained in the report. If necessary, the court can hold an evidentiary hearing.
C. Role of the lawyer in the sentencing process
D. Burden of proof: At the sentencing, the judge’s finding do not have to be “beyond a reasonable doubt”-the usual standard for proving a defendant guilty – but more lenient “preponderance of the evidence” standard, that it is more likely than not the fact exists or conduct occurred. E. Standard of Review: The Jensen court reviewed the TJ’s decision under the “abuse of discretion” standard. This is the most deferential standard by which a higher court reviews the decision of a lower court that involves factual determinations based on the testimony of witnesses and introduction of evidence.
F. Punishment of Dudley and Stephens
G. Indeterminate sentencing
H. Sentencing guidelines
I. Mandatory sentencing guidelines and mandatory minimum sentences
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