Comparative Proportionality Review Process

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One of the procedures that occur in the direct appeal process and automatic review is the sufficiency of evidence in the case as well as the proportionality of the individuals’ death sentence (ch 7 pg209). The process that is most commonly used is referred to as comparative proportionality review. State courts are directed to compare sentences of cases that are similar in nature and determine whether the sentence that was imposed was disproportionate to the other cases reviewed (Missouri). This type of review is implemented as a check to ensure the death sentence imposed was not random or arbitrary and to prevent discrimination in the capital process (Missouri). Comparative proportionality review seeks to eliminate and protects against arbitrariness in death sentencing…show more content…
The appellate review will examine the sentences given to similar defendants of similar cases and similar crimes to determine whether a death sentence is unconstitutional under Furman v. Georgia. If most other cases that are similar in nature do not receive death sentences, the court can find that the sentence is arbitrary and capricious (Missouri). The State Supreme Courts review through proportionality measures is to ensure capital sentencing is consistently applied to factually similar cases. Gregg v. Georgia stated “Proportionality review substantially eliminates the possibility that a person will be sentenced to die by the action of an aberrant jury. If a time comes when juries generally do not impose the death sentence in a certain kind of murder case, the appellate review procedures assure that no defendant convicted under such circumstances will suffer a sentence of death” (Missouri). Sentences that are considered excessive and arbitrary when compared with similar cases may be found as unconstitutional and the sentences could be invalidated

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