Duty of Courts When Act is Non-punishable or Penalty is Excessive

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1. What two substantive considerations does Article5 expressly identify for clearly excessive punishment?
2. A court identifies a genuinely applicable favorable later amendment under Article22. Does Article5 forbid applying it m…
3. A judge reports a sentencing concern through DOJ. The convicted person says the report alone proves a pardon was grante…
4. A statute’s penalty is challenged under a specific constitutional prohibition. The government says Article5 requires co…
5. After an Article5 report, an actually applicable favorable amendment takes effect. The court refuses to consider Articl…
6. Distinguish applying a favorable amendment from inventing a lesser penalty because of personal disagreement.
7. Why is an Article5 report not itself clemency or statutory amendment?
8. Explain the constitutional qualification to Santos’ statement that courts enforce legislatively prescribed penalties.