Tag: proportionality review
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Colorado justices splinter over approach to sentencing review
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado Supreme Court confirms ‘3 strikes’ sentences not subject to challenge years afterward
The Colorado Supreme Court ruled on Monday that defendants serving lengthy sentences under the state’s “three strikes” law, and whose convictions have been final for years or decades, do not have the opportunity to argue their punishments are excessive under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment nearly a century ago,…
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Colorado justices skeptical of opening door to resentencing defendants under ‘3 strikes’ law
Members of the Colorado Supreme Court gave an icy reception on Tuesday to the idea that defendants convicted decades ago and serving lengthy sentences under the state’s “three strikes” law should have the opportunity to argue their punishments are grossly disproportionate under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment…