Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
final death dp
| Question | Answer |
|---|---|
| Which Amendment of the United States Constitution states that “in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense”? | a. 6th |
| Developing a two-part test for making a determination of whether a capital defendant was provided ineffective assistance of counsel, the Court in _said that such a claim was valid only if: (1) the counsel’s performance was objectively unreasonable, and (2 | b. Strickland v. Washington |
| On appeal, the Court held that in a claim for ineffective assistance of counsel, there must be a reasonable probability that the attorney’s errors caused the ______________. | b. Incorrect decision |
| In the Holland case, the Supreme Court held that a prisoner is entitled to_______________ if he can demonstrate that he has been pursuing his rights diligently, and that some extraordinary circumstance stood in his way and prevented timely filing. | a. Equitable tolling of filing procedures |
| . In Holland, Clair, and Martinez, the Court adopted a _____________ approach, but in Maples, it employed a relationship approach | c. Performance-based |
| In 1989, Kevin Wiggins was convicted of ______________ murder, robbery, and two counts of larceny. He was subsequently sentenced to death for committing a capital offense. | c. First-degree |
| In Cronic, the Court considered five factors that would constitute a presumption of prejudice among defense counsel and therefore eliminate the need for the ____________ test | c. Strickland v. Washington |
| In the Nixon case, which state used the Cronic rule, which was incorrect given the factual circumstances. | a. Florida |
| ______________ has interpreted the due process clause as that which “guarantees more than fairness . . . [it] provides heightened protection against government interference.” | a. The Supreme Court |
| Key areas of the death penalty law pay particular attention to: | d. All of the above Guided discretion ,Process and admissibility, Disclosing exculpatory evidence |
| The Gregg Court extended the concept of _, which involved (1) consideration of mitigating evidence during sentencing, (2) the defendant’s opportunity to deny or refute the state’s evidence, (3) evidence of future dangerousness, and (4) the process of jury | c. Due process |
| The Woodson Court concluded that the North Carolina statute violated the ___________ test established in Trop v. Dulles. | a. Evolving standards of decency |
| . Which Supreme Court case held that a sentencing body may not refuse to consider a pertinent mitigating fact even when that fact has been deemed insignificant? | b. Eddings v. Oklahoma |
| Capital juries often must decide whether a defendant’s conduct represents a future dangerousness to society before imposing a ____________. | a. Death sentence |
| If the judge, not the jury, determines that the prosecutor’s evidence was “___________,” then the defendant could not proffer evidence suggestive of the third-party guilt. | c. Strong |
| _________ circumstances are factors that make an offense or the offender “worthy” of receiving the death penalty. | c. Aggravating |
| ________ circumstances are factors that provide some level of explanation or justification (but not excuse or defense of the act) for the murder | b. Mitigating |
| The eligibility function | c. Is a filter ensuring that the death penalty is available in only the most extreme cases |
| What are the two primary functions of aggravating factors? | c. The eligibility function and the individualization function |
| In ________________, the Court upheld that psychiatric testimony about the future dangerousness of the defendant is an aggravating factor justifying the sentence of death. | b. Barefoot v. Estelle |
| Aggravating factors generally revolve around three factors, which are: | d. Characteristics of the offense, characteristics of the offender, and characteristics of the victim |
| Unanimity is not required for ____________ factors to be considered, while for __________ factors there must be a unanimous determination by the jury for such a factor to be present. | b. Mitigating; aggravating |
| The Court began its opinion addressing the practice of ___________ in the context of its prior holdings in Estelle v. Williams (1976), Illinois v. Allen (1970), and Holbrook v. Flynn (1986). | a. Shackling |
| The Court has generally held that virtually anything can be admitted as a _________ factor and that such factors must be considered by the sentencing authority at any stage of the process. | a. Mitigating |
| Appeals serve to insulate innocent offenders from a wrongful conviction or protect those who have been subjected to a____________ | a. Harmful error |
| Unlike an appeal, which is based on ____________, a writ of __________ is provided for in the suspension clause of the Constitution, is a constitutional right, is a separate case from the original criminal conviction, and is a civil proceeding. | b. State law; habeas corpus |
| A __________ of habeas corpus is filed for the sole purpose of seeking release from prison. | c. Writ |
| What are the characteristics of an appeal? | c. Both of the above The defendant’s initial appeal can’t be denied , The number of times a defendant may appeal is restricted |
| During the __________, the President assumed authority to suspend the writ of habeas corpus, and since then Congress has legitimized the power of the executive to suspend the writ of habeas corpus in times of war or rebellion. | c. Civil War |
| Curtailment of the use of the Great Writ by both the ________ and ________ branches of government was precipitated by the writ being used to delay the carrying out of state court decisions imposing the death penalty. | a. Judicial; legislative |
| Which Act signaled a new era in habeas corpus petitions and provided new rules meant to limit the filing of successive petitions? | c. Antiterrorism and Effective Death Penalty Act of 1996 |
| An inmate who fails to file within the specified time limit may be granted review only if the failure to file was: | d. All of the above The result of a state action, The result of the Court’s decision to apply a ruling retroactively , When evidence could not have been discovered through due diligence in time to file within the one-year time frame |
| What adjectives are used for evoking challenges of being excessively cruel and unusual? | d. All of the above Arbitrary, Wanton, Capricious |
| . Given the growing wave of challenges to lethal injection, several states began to change their protocols over the past several years from the historically predominant___________ protocol to a ____________ protocol. | d. One-drug; three-drug |
| As a result of the International Court of Justice’s finding that the United States had violated the Vienna Convention, in 2008 the U.S. Supreme Court decided the case of: | a. Medellin v. Texas |
| The Supreme Court ruled that the death penalty was disproportionate and thus violated the Eighth Amendment’s prohibition of cruel and unusual punishment for the crimes of: | d. a and b only Rape ,Kidnapping |
| What case in 1996 held that lethal gas was an unconstitutional method of execution? | b. Fierro v. Gomez |
| What are the two primary factors in the contemporary assessment of “evolving standards of decency”? | c. Both and b Public opinion, International law |
| Which cases’ decision comprised seven different opinions, and brought the three-drug lethal injection under question? | c. Baze v. Rees |
| What determines the outcome of capital sentencing determinations because it is explicitly or implicitly part of the determination of the presence of certain aggravating factors? | b. Future dangerousness |
| According to the text, support for the death penalty has _________ over the last few decades. | c. Declined |
| What researches found evidence of 23 innocent offenders executed between 1900 and 1990? | c. Bedau and Radele |
| . A _________ is an order to stop the executions of capital offenders pending further investigation into the administration of the death penalty. | a. Moratorium |
| According to the text, __________ working on homicide cases should receive extensive training on matters such as risks of wrongful convictions, and investigation and interrogation methods? | b. Police officers |
| According to the text, which two penological justifications constitute the main reasons the death penalty has survived as a form of punishment in the United States? | b. Deterrence and retribution |
| According to the text, for the death penalty to be an effective__________, it must be administered with swiftness and certainty | c. Deterrent |
| . In which case did the Court confirm that the AEDPA favors a “total exhaustion”? | b. Rose v. Lundy |
| Innocence, when viewed within the realm of the death penalty, is an ambiguous legal term. It includes situations in which the inmate is actually innocent as well as situations in which a(n) _________ occurred at sentencing. | c. Error |
| What are aggravating factors often based on? | d.All of the above Future danger posed by the defendant ,The nature of the offense, The impact of the crime on the victim’s family |
| Aggravating-only statutes: | c.Require a jury to consider statutory aggravating factors and then decide whether those factors warrant the death penalty |
| smith vs spisak | was a United States Supreme Court decision on the applicability of the Antiterrorism and Effective Death Penalty Act of 1996. It further examined issues of previous court decisions on jury instructions and the effectiveness of counsel. |
| lockett vs ohio | 7–1 decision for Lockett The Court held that the Eighth and Fourteenth Amendments required, in all but the rarest capital cases, that sentencers not be precluded from considering a range of mitigating factors before imposing the death penalty. |
| california vs ramos | The court instructed the jury on aggravating and mitigating circumstances and the fact that the governor of Cali may commute a life sentence without the possibility of parole to a sentence that includes the possibility of parole . Ramos was sentenced to d |
| greg vs georgia | it was held that death penalty for murder was not in and of itself a cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. |
| elements of migating circumstances | age, mental state, history of abuse, level of involvement in the crime and lack of criminal record of the defendant |
| certificate of appealability | a legal document that must be issued before a petitioner may appeal from a denial of the writ. |
| gonzalez vs thaler | interpreted two provisions of the Antiterrorism and Effective Death Penalty Act of 1996, provided that a habeas petitioner must obtain a certificate of appealability to appeal a federal district court's final order in a habeas proceeding |
| mcquiggin v perkins | which the Court held that actual innocence, if proven, is sufficient to circumvent the one-year statute of limitations for petitioners to appeal their conviction enacted within the Antiterrorism and Effective Death Penalty Act of 1996 |
| methods of execution | lethal injection, electrocution, lethal gas, hanging, and firing squad. |
| weems vs united states | ruled that punishments that were disproportionate to the crime committed could be considered cruel and unusual for the purposes of the Eighth Amendment, and that interpretations of the Eighth Amendment could change as views of justice held by society at l |
Created by:
as12
Popular Criminal Justice sets