What is the test for constitutional validity of an indefinite prison sentence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Stein, 544 F.2d 96 (2nd Cir. 1976):
"(i)t is not the duration or severity of this sentence that renders it constitutionally invalid; it is the careless or designed pronouncement of sentence on a foundation so extensively and materially false, which the prisoner had no opportunity to correct by the services which counsel would provide, that renders the proceedings lacking in due process." Townsend v. Burke, 334 U.S. 736 at 741, 68 S.Ct. 1252, 1255, 92 L.Ed. 1690 (1948).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Tedder have a constitutional right to be conditionally released from prison before his valid sentence expires? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
When assessing the constitutional validity of prison regulations, does the court have to accord deference to the views of the prison authorities? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Does verbal harassment directed at a prisoner by a prison official constitute verbal harassment? (MultiRegion, United States of America)
Is denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights? (MultiRegion, United States of America)
What is the test for "abuse of discretion" in sentencing sentencing sentences? (MultiRegion, United States of America)
In what circumstances will a sentencing judge impose a non-Guidelines sentence or Guidelines sentence? (MultiRegion, United States of America)
Does a sentence that exceeds the permissible statutory penalty for sexual assault constitute an illegal sentence? (MultiRegion, United States of America)
