We’re discussing limitations on the criminal law including constitutional limitations on sentencing. This includes constitutional limitations like the prohibition on cruel and unusual sentences. Before seeing these cases, did you think there should be limitations (for example, severity or federal versus state)? If you thought there should be limitations what should there be (severity or federal versus state)? Do these cases put limitations like this? Are they strong, medium or small? What do you think of the limitations?
Explain why the dissent discusses the convenience store hypothetical at page 71 in Kennedy v. Louisiana?
What is the holding of Kennedy v. Louisiana? Explain the argument the majority makes about a “national consensus” and why it would help or hurt the majority’s position.
Explain the holding in Ewing v. California. See page 80. What do you think about the result? What is the most important basis for the holding?
List the arguments made by the dissent and respond to them.
