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death penalty
| Question | Answer |
|---|---|
| Which of the following were crimes punishable by death in Colonial America? | murder,adultry and blasphemy |
| Which of the following was NOT punishable by death in Colonial America? | sodomy |
| What did Cesare Becarria believe? | That punishment should be proportionate to the crime committed |
| Who articulated the notion of sensationalism? | john locke |
| Thomas Jefferson advocated abolishing the death penalty for all crimes except for what two crimes | murder and treason |
| What method of execution is the easiest and most inexpensive? | hanging |
| What Supreme Court case used the firing squad as the method of execution? | wilkerson v utah |
| In In re Kemmler, what Amendment was used to uphold the constitutionality of using the electric chair as the method of execution? | 14th amendment |
| What case(s) hold the most significance pertaining to death penalty? | Furman v. Georgia and Gregg v. Georgia |
| The Furman v. Georgia case was decided on a five-to-four vote, which highlighted nine different opinions. The votes were: | Five for the majority and four for the dissent |
| According to the text, there were two other major cases, besides Furman v. Georgia, that dealt with the death penalty. In all three cases, the defendants were poor, powerless, and black. Which cases were they | Branch v. Texas and Jackson v. Georgia |
| What Amendment(s) called to question the constitutionality of death penalty? | the 8th and 14th amendment |
| According to Justice Marshall in Furman v. Georgia, what are the purposes that are conceivably served by the death penalty? | Retribution, deterrence, prevention of repetitive criminal acts, encouragement of guilty pleas and confessions, eugenics, and economy |
| Who was the Justice that opined that, absent any proof that the death penalty is prohibited by the Constitution or is cruel and unusual, respect must be given by the Court to the judgment made by state legislatures to impose death as the ultimate punishme | Justice Burger |
| What does the Equal Protection Clause stand for in the U.S Constitution? | The Equal Protection Clause of the 14th Amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. |
| In revising their statutes, states devised ________ statutes. | Mandatory death penalty and Guided discretion |
| Which is the most prominent Supreme Court decision concerning racial disparity and the death penalty? | McCleskey v. Kemp |
| In McCleskey it was argued that the race of the perpetrator and the race of the victim played a significant role in the decision of the jury, and his death sentence should be overturned because it was a violation of the: | 14th Amendment’s equal protection clause |
| The legislation known as the________________ would have created a federal statutory right to be free from discrimination in capital cases. | Racial Justice Act |
| The Racial Justice Act: | all the above |
| The rationale behind the Racial Justice Act was that since the Supreme Court has allowed the use of statistics to prove racial discrimination under ________, statistics should also be allowed to prove racial discrimination. | Title VII [of the Civil Rights Act of 1964] |
| The Supreme Court chose not to set standards to stop or prevent racial disparity in the death penalty, but left the states: | With the job of amending their death penalty statutes |
| When the new Governor came in, what year was the North Carolina’s Racial Justice Act repealed? | 2013 |
| A study released by the University of Maryland concluded that race and geography are major factors in death penalty decisions. Specifically, prosecutors are more likely to seek a death sentence when the victim is _ and are less likely to seek a death sent | White; black |
| Before Penry v. Lynaugh’s (1989) Supreme Court case was overturned in 2002, what did the court state about mentally retarded individuals? | That mental retardation was an issue to be raised as a mitigating factor but should not automatically exclude someone from receiving the death penalty |
| At the time of the Penry decision, the American Association of Mental Retardation (AAMR) concluded that mentally retarded individuals have deficits in cognition and moral reasoning that prevents them from: | Having the level of blame (or culpability) needed to impose capital punishment |
| What Supreme Court case overturned the Penry decision and concluded that death is not a suitable punishment for a mentally retarded criminal? | Atkins v. Virginia (2002) |
| Retribution, which is something done to an offender as payback or vengeance for a crime or act he or she committed, o | Just deserts |
| What case ruled that it was not a violation of the 8th amendment to execute an individual who became incompetent while on death row and was rendered competent through forced medication? | Singleton v. Norris |
| The American Association of Individuals with Developmental Disabilities (AAIDD) changed the term “mental retardation” to _______, which seemed to be a less stigmatizing term. | Intellectual disability |
| What does malingering mean? | Faking mental illness |
| According to the text, mental illness relies more heavily on ________diagnoses. | Subjective |
| In the United States, the first recorded execution of a juvenile occurred in: | Plymouth, Massachusetts |
| According to the text, the interpretation of evolving standards for conservatives is based on: | Objective factors such as acts of state legislatures and sentencing practices of juries |
| The interpretation of evolving standards for liberals is based on: | Objective factors and social purposes of the death penalty |
| In Thompson v. Oklahoma, the Court held that: | The execution of juveniles who committed the crime at age 16 and 17 constitutes cruel and unusual punishment |
| The Court’s interpretation of evolving standards of decency in the Thompson case relied on: | all the above |
| In Stanford v. Kentucky, the Court held that: | Executing juveniles ages 16 and 17 is constitutional |
| In Roper v. Simmons, the defendant was being charged with: | Burglary and stealing, Kidnapping, First-degree murder |
| The Simmons case held that: | Offenders 18 and younger were prohibited from being executed |
| The United States Constitution gives U.S citizens the right to a jury. What Amendment specifies a right to a “speedy and public trial, by an impartial jury”? | 6th amendment |
| In which case did the Supreme Court reinforce that the jury tradition is an “indispensable part of our criminal justice system”? | Apprendi v. New Jersey |
| Allowing judges to override a jury and impose harsher punishment (for instance, death rather than a life sentence) would violate the Court’s decision in what case? | Ring v. Arizona |
| In which case did the Supreme Court strengthen the full authority of a judge? | Walton v. Arizona |
| In which case did the Court decide that it is unconstitutional for judges to make determinations of aggravating factors? | Apprendi v. New Jersey |
| Who is called upon to consider extralegal factors submitted as aggravating and mitigating circumstances? | Juries |
| According to the text, the ______ phase requires more guidance where much attention has revolved around the critical issue of future dangerousness. | Sentencing |
| The first case following the reinstatement of the death penalty to test the requirements of “heightened standards of reliability” was: | Beck v. Alabama |
| According to the text, special attention should be given by the jury to _________ in order to ensure the adequate understanding of the factors that determine whether the defendant should live or die. | Future dangerousness |
| What are the two aspects of future dangerousness in capital trials? | The defendant’s predisposition toward violence and the likelihood that the defendant will be a physical threat |
| 3 types of drugs in lethal injections | Pancuronium bromide (Pavulon) is used to cause muscle paralysis and respiratory arrest, potassium chloride to stop the heart, and midazolam for sedation. |
| therapeutic purpose | preventing, diagnosing, monitoring, alleviating, treating, curing, or compensating for a disease, ailment, defect, or injury. |
| guided discretion | a judge's power to make a decision based on their individualized evaluation, guided by the principles of lawjuries be carefully and adequately guided in their deliberations, |
| general deterrance | notion that the general populace will be deterred from committing crimes based on perceived negative consequences of being caught |
| specific deterrence | notion that punishment deters the individual being punished from commiting crime in the future |
| hot cognition | decision-making in, an emotionally charged situation that can result in an outcome with a high risk or a high reward. |
| cold cognition | information processing, does not have a direct impact on emotional responses |
| eye for and eye | lex talionis,criminal would be punished because he or she deserved it, and the punishment would be equal to the harm cause |
| thooth for a thoot | idea that people should be punished according to the way in which they offended |
| kelly v south carolina | |
| role of judge | Judges make the decisions |
| role prosecutor | Prosecutors present the cases. |
| role defense attorney | defense attorney is to defend their client from unfair practices, false evidence, assumptions of guilt, and to protect their client's best interests. |
| death penalty facts | total of 1954 executions since 1976 Ling chi, aka slow slicing" or "death by a thousand cuts" was a method of torturous execution practiced in China |
Created by:
as12
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