What is the current state of the law on mercy in sentencing cases?

California, United States of America


The following excerpt is from People v. Andrews, 260 Cal.Rptr. 583, 49 Cal.3d 200, 776 P.2d 285 (Cal. 1989):

In modern Eighth Amendment jurisprudence, mercy is "one of the most central sentencing considerations, the one most likely to tilt the decision in favor of life." (Drake v. Kemp (11th Cir.1985) 762 F.2d 1449, 1460 (en banc).) "Just as retribution is an appropriate justification for imposing a capital sentence, [citation], a jury may opt for mercy and impose life imprisonment at will. The ultimate power of the jury to impose life, no matter how egregious the crime or dangerous the defendant, is a tribute to the system's recognition of mercy as an acceptable sentencing rationale." (Ibid.)

Other Questions


What is the current state of the law on sentencing discretion in sentencing cases? (California, United States of America)
Does a sentencing court have to state the reasons for its sentence choice on the record at the time of sentencing? (California, United States of America)
What is the current state of the law on the Eighth Amendment, the "narrow proportionality principle" that applies to sentences for non-capital sentences? (California, United States of America)
Can a sentencing judge who did not preside over the trial and has "minimal familiarity with the case" exercise his discretion in imposing harsher individual sentencing terms than the prior sentencing judge? (California, United States of America)
In a Three strikes case, is a sentence for failure to register as a sex offender disproportionate to the current sentence? (California, United States of America)
What is the current state of the law on sentencing in personal injury cases? (California, United States of America)
What is the current state of the law on concurrent sentences in criminal cases? (California, United States of America)
What is the current state of the law on death sentences in death penalty cases? (California, United States of America)
What is the current state of the law on weapon enhancements in criminal cases? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.