Multistate Bar Examination Practice Question

A state enacts a statute that imposes a mandatory death sentence for individuals convicted of theft involving property valued at over $1,000. John is convicted of stealing a laptop worth $1,200. He challenges his sentence, claiming it constitutes cruel and unusual punishment. Which of the following is the most likely outcome of John's challenge?

  • The court will declare the mandatory death sentence unconstitutional under the Eighth Amendment.

  • The court will require the jury to consider mitigating factors before deciding on the death sentence.

  • The court will reduce the sentence to life imprisonment without parole.

  • The court will uphold the mandatory death sentence as a valid punishment for theft above the specified value.

Multistate Bar Examination
Criminal Law and Procedure
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