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Is the supreme court willing to allow death penalty statutes, as long as they are confined to a special category of victim such as the killing of a police officer?
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Is a mandatory death sentence for murder committed by an inmate serving a life without parole constitutional?
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Death Penalty Test 2
| Question | Answer |
|---|---|
| Is the supreme court willing to allow death penalty statutes, as long as they are confined to a special category of victim such as the killing of a police officer? | No, they are unconstitutional |
| Is a mandatory death sentence for murder committed by an inmate serving a life without parole constitutional? | No, it is unconstitutional |
| Are state death penalty laws constitutional even when statistics indicate that they have been applied in racially biased ways? | Yes |
| In what case did the supreme court rule that racial discrimination must be shown in individual cases? | McClesky v. Kemp (1987) |
| In what case did the supreme court rule that Kentucky's three-drug lethal injection protocol, which is similar to the protocol of most other death penalty, states, did not violate the eighth amendment as "cruel and unusual"? | Baze et al. v. Rees (2008) |
| Which state lists the most mitigating circumstances in its death penalty statute? | Colorado |
| Which state lists the fewest mitigating circumstances in its death penalty statute? | Arizona |
| What is the average number of mitigating circumstances among states that list them in their death penalty statues? | 8 |
| May a sentence (judge or jury) refuse to consider any relevant mitigating circumstance in a capital trial that is supported by evidence? | No |
| May convicted murderers trying to escape a death sentence in favor of life in prison present evidence of their good behavior in jail while awaiting trial? | Yes |
| In Walton v. Arizona, what standard of proof did the supreme court approve for proving the existence of mitigating factors in Arizona? | Preponderance-of-the-evidence |
| May evidence contradicting guilt be considered at the sentencing phase of a capital trial? | No |
| What standard of proof is generally required to establish an aggravating circumstance? | Beyond a reasonable doubt |
| How many aggravating circumstances are listed in the death penalty statutes of the states with the fewest aggravating circumstances listed in their death penalty statutes? | 8 |
| How many aggravating circumstances are listed in the death penalty statutes of the states with the most aggravating circumstances in their death penalty statutes? | 22 |
| What is the average number of aggravating circumstances listed in the statutes of death penalty states? | 13 |
| What is the trend in the number of statutory aggravating circumstances in death penalty states? | Increasing |
| What is Simon and Spaulding's view of aggravating factors? | Largely unrecognized but important symbolic role i. narrow the range of offenders eligible for death penalty and recognize and valorize certain kinds of subjects and situations |
| With which of the following participants in a capital trial was the case of Barefoot v. Estelle concerned? | Psychiatrist predicting future dangerousness in offender |
| Is the supreme court willing to allow psychiatric evidence predicting future dangerousness? | Yes |
| What did an examination of 155 texas death penalty cases in which prosecutors used experts to predict defendants' future dangerousness show? | Experts were wrong 95% of the time |
| What are the criticisms of the use of victim-impact statements in capital trials? | Risk arbitrary and capricious imposition of the death penalty and violate the 8th amendment i. improperly refocus death decision from the defendant and his crime to the "character and reputation of the victim and the effect on his family" |
| Are victim-impact statements required in capital trials? | No |
| In 2009, what was the average time interval between death sentence and execution? | More than 14 years |
| Is the appointment of counsel to indigent death row inmates seeking state post-conviction relief required? | No |
| Is a claim of "actual innocence" based on newly discovered evidence grounds for granting a further hearing in federal court? | No |
| According to Chief Justice Rehnquist, what is the proper procedure for making a claim of actual innocence after the judicial process has been exhausted? | Filling a request for executive clemency |
| In Schlup v. Delo, what standard of proof did the supreme court establish for demonstrating actual innocence? | Probable Innocence i. more likely than not, the inmate is innocent |
| Can a federal court save a prisoner from execution if the state court decision against the prisoner was wrong? | Only if the state court decision against the prisoner was not only wrong but unreasonably wrong |
| Can death penalty opponents be excluded from juries deciding guilt or innocence in cases in which capital punishment is a possible sentence if they are opposed to the death penalty under any circumstances? | Yes |
Created by:
coltrpowell