[DOWNLOAD] "State V. Buchhold: The South Dakota Supreme Court Fails to Recognize a de Facto Life Sentence As the Functional Equivalent of a Life Sentence when Determining Gross Disproportionality." by South Dakota Law Review " Book PDF Kindle ePub Free
eBook details
- Title: State V. Buchhold: The South Dakota Supreme Court Fails to Recognize a de Facto Life Sentence As the Functional Equivalent of a Life Sentence when Determining Gross Disproportionality.
- Author : South Dakota Law Review
- Release Date : January 22, 2009
- Genre: Education,Books,Professional & Technical,
- Pages : * pages
- Size : 296 KB
Description
I. INTRODUCTION In State v. Buchhold, (1) the South Dakota Supreme Court missed an opportunity to reinforce the importance of critical pre-sentencing considerations. The court had created a line of cases explaining the need to analyze certain factors before sentencing a defendant to life in prison because of the inherent significance of a life sentence. (2) However, in Buchhold, the court failed to recognize that a de facto (3) life sentence should require the same analysis by a sentencing court as a de jure (4) life sentence. (5)
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