State V. Buchhold: The South Dakota Supreme Court Fails to Recognize a de Facto Life Sentence As the Functional Equivalent of a Life Sentence when Determining Gross Disproportionality. - South Dakota Law Review

State V. Buchhold: The South Dakota Supreme Court Fails to Recognize a de Facto Life Sentence As the Functional Equivalent of a Life Sentence when Determining Gross Disproportionality.

By South Dakota Law Review

  • Release Date: 2009-03-22
  • Book Genre: Education
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State V. Buchhold: The South Dakota Supreme Court Fails to Recognize a de Facto Life Sentence As the Functional Equivalent of a Life Sentence when Determining Gross Disproportionality. by South Dakota Law Review

I. INTRODUCTION In State v. Buchhold, (1) the South Dakota Supreme Court missed an opportunity to reinforce the importance of critical pre-sentencing considerations. The court had created a line of cases explaining the need to analyze certain factors before sentencing a defendant to life in prison because of the inherent significance of a life sentence. (2) However, in Buchhold, the court failed to recognize that a de facto (3) life sentence should require the same analysis by a sentencing court as a de jure (4) life sentence. (5)

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