DueProcess Securities Immigration
Does a court violate a defendant's right to due process when a lengthy sentence is based upon mistaken information that a severe sentence will deter others from committing similar crimes when the court is provided overwhelming evidence that severe sentences do not deter others from committing those crimes?
QUESTIONS PRESENTED I. Does a court violate a defendant's right to due process when a lengthy sentence is based upon mistaken information that a severe sentence will deter others from committing similar crimes when the court is provided overwhelming evidence that severe sentences do not deter others from committing those crimes? II. Does due process prohibit a court from imposing a severe sentence that it expressly states is intended to accomplish a purpose which social science establishes cannot be achieved? III. Does a court violate a defendant's right to due process when it imposes a severe sentence expressly based on a general sentencing factor that is not relevant to the particular offender or charges? i