Procedural Due Process Analysis:
is there a protected interest? Yes, in remaining at liberty
What process is due? No automatic provision of counsel
revocation usually where commit another crime
deferred adjudication:  put on probation, if mess up face full penalty range of initial prosecution; burden only p.o.e. so easier for P to establish
Decision to Appoint Counsel – most courts say in every probation revocation situation need appointed counsel because too difficult for D to do proper balancing
Prosecutor’s Role
more active in jurisdictions without sentencing guidelines
might prepare memo with wishes
victim’s statutes:  say what victim wants
Decision by Judge as to which type of Sentence to Give – jail, probation, or fine
need not consider one over the other
can give one, or all
probation
if must pay fine as part of probation and you are indigent (through no fault of your own), fundamental fairness requires an alternative to incarceration
judge can have conditions be whatever … fine, rehab, etc.; but can go too far, ex. Can’t impose a religious requirement
fines – some fines only punishable this way; if can’t pay again look at individual circumstance and try to find alternative means
*note:  no automatic right to counsel for fines
Enhanced Punishment under Recidivist Law
Almendarez-Torres – under the Immigration Statutes, not-so-serious crimes may be classified as very serious ones (ex. DWI in Texas as an aggravated felony for aliens)
goal of immigration scheme is to deter
C refers to Mullaney murder statute … can’t assume malice aforethought, needs to be element proven b.r.d.; here, is Congress getting away with taking element of offense and moving it to sentencing?
Held:  it is a sentencing provision, so ok
Involuntary Commitment of Sexual Predators instead of Incarceration
Hendricks – Sexually Violent Predator Act – civil commitment proceeding, if establish mental abnormality and dangerousness, he could have essentially been sent away for life (since no cure for being a pedophile)
really pushes envelope
held ok:  no DP violation, no DJ violation
Cross-sovereigns:  matter of state law whether state can run concurrent with federal sentence; if a state sentences a D, fed judges canNOT run federal sentence concurrent to state