NCJ Number
125696
Editor(s)
L L Weinreb
Date Published
1990
Length
54 pages
Annotation
This chapter presents edited versions of three leading U.S. Supreme Court cases pertaining to sentencing.
Abstract
United States v. Grayson (1978) reviews a holding of the court of appeals that it was improper for a sentencing judge, in fixing the sentence within the statutory limits, to give consideration to the defendant's false testimony observed by the judge during the trial. The U.S. Supreme Court reversed, holding that it is proper for a judge to consider whether a defendant's testimony contained willful and material falsehoods as a factor in determining his prospects for rehabilitation. Solem v. Helm (1983) examined whether the eighth amendment proscribes a life sentence without possibility of parole for a seventh nonviolent felony. In affirming the ruling of the court of appeals, the U.S. Supreme Court held that Helm was sentenced more harshly than other criminals in the State who had committed more serious crimes, such that his sentence was significantly disproportionate to his crime, which is prohibited by the eighth amendment. In Gregg v. Georgia (1976), the U.S. Supreme Court examined whether the death sentence for murder under Georgia law violates the eighth and fourteenth amendments. The Court held that the death penalty is not a punishment that may never be imposed regardless of the procedure used to impose it. It further ruled that the statutory system under which Gregg was sentenced to death does not violate the U.S. Constitution. Dissents are included for some of the cases. Case footnotes.