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death penalty
| Question | Answer |
|---|---|
| What does the US Constitution and all States give people the right to | Right to a jury trial |
| What is a bifurcated trial | two part trial - guilt and sentencing phase |
| What effect has Ring v Arizona had on death Penalty cases | Jury determines the aggravators |
| What are the primary safeguards given in Gregg | 1. Bifurcated trial 2. jury decides aggravators and mitigators |
| What has Ring made unconstitutional | A judge being the decision of death |
| What type of death penalty statute does Florida have | Hybrid statute - the judge can override the jury |
| What has Florida done after Ring | nothing |
| Is Ring retroactive | NO |
| What is guided discretion | safe guard given to us from Gregg vs. Georgia |
| Future Dangerousness and Parole Eligibility. What is it? What happens today if the prosecution offers evidence of future dangerousness | "life is life" |
| What are Witherspoon excludable. What about a juror who would automatically vote for death | someone who cannot or can give the death penalty |
| How has the U.S. Supreme Court described the 6th amendment right to counsel | The most important right |
| Describe the requirements needed to show ineffective assistance of counsel. | strickland test. a. was attorney performance unreasonable b. but for unreasonable performance would results have been different. |
| How difficult of a burden does the defendant face to show ineffective assistance of counsel | extremely difficult |
| What is the legal presumption when attacking your conviction on the theory that the client was ineffective | the court will assume the lawyer was effective |
| Can a death row litigant relay on outdated law that was binding during his trial | Lockhart vs. Fretwell NO |
| What is the AEDPA and what effect has it had on death row litigant’s ability to file collateral attacks | Has significantly restricted defendants from filing writ of habeus corpus. |
| Can a death row litigant relay on a Federal law that was not in existence at the time of his trial | Teague vs. Lane NO |
| What type of indigent capital representation has the A.B.A. stated is best suited in capital trials | Public defender offices that are funded by the state |
| Does a conflict of interest call for automatic reversal in a capital case | Mickens vs. Taylor NO |
| Must a defendant agree to the trial strategy of conceding guilt when the possibility of a death sentence is very real | The defendant does not need to consent to conceding guilt |
| Does a death litigant’s interference equal ineffective assistance of counsel | NO |
| What standard has the court used to determine whether a death penalty statute is constitutional? What standard has the court recently moved to? | Evolving standard of decency - due process right |
| What type of mitigating evidence must be considered before a death sentence can be imposed | Any mitigating evidence can be used |
| Does due process prohibit a court from sentencing a defendant to death on re-trial when a jury is deadlocked during the death phase and the court is mandated by statute to sentence the defendant to life | Sattazahn v. Pennsylvania No, It is not double jeopardy |
| What effect does shackling defendants have on death penalty litigation | Its unconstitutional to shackle D |
| What are aggravating factors | The things that make an offense or offender worthy of the D.P |
| What three factors do aggravating factors revolve around | Characteristic of: offense, offender or victim. |
| Where are aggravators found | In the statue and non statutory |
| Where are aggravators found in Florida | In the statue |
| What are mitigating circumstances? Are they excuses or defenses? | Those things that provide a justification or explanation for the actions of the D. NOT an excuse or defense. |
| What are the 3 types of guided discretion statutes? What type does Fl. Have | 1. Aggravators vs. mitigators (FL) 2. Aggravators only 3. Structured discretion statutes |
| Is a statute constitutional when it mandates a death penalty when the aggravators and mitigators are equal | Kansas vs. Marsh Yes! |
| Does finding an aggravator beyond a reasonable doubt mandate the death penalty | No! |
| How did Payne v. Tenn. Change the law in victim impact statements | Victim impact statements are allowed to come into court |
| Can courts allow psychiatric testimony on future dangerousness | Yes! |
| Who must consider mitigating and aggravating circumstances | Judge and Jury |
| Where in the trial do mitigating circumstances come into play | sentencing phase |
| What may victim impact statements include | 1. characteristic of victim 2. How the victims death impacted the family CAN NOT INCLUDE: 1. Statements abut the crime 2. Statements about the D |
| What is the sole purpose in filing a writ of habeas corpus | To secure the release of the prisoner. |
| How can death penalty litigant be barred from filing a writ of habeas corpus in Federal Court | 1. by not exhausting state remindies 2. Not securing a COA 3. exceeding the statute of limitation 4.Allow new claim in successive petition |
| Where does the right to appeal come from | It is not a constitional right. It comes from a State and federal statue |
| Where does the right to file a writ of habeas corpus come from | The US Constitution Article 1 section 9 subsection 2. Its called The Suspension clause |
| What does the writ of habeas corpus mean | "you have the body" |
| What does a death penalty litigant have to do prior to filing a writ of habeas corpus in Federal Court | exhaust all state remindies |
| When does a certificate of appealability have to be obtained by a death penalty litigant | when you are seeking a successive petition of previously unlitigated claims |
| Three drug protocol for lethal injection | A. Used in 30 of the 36 states. B.Prohibited in the euthanization of dogs and cats C.Cost $86.08 per execution. D. Held to be constitutional in Bade v. Rees |
| Who executes the most people in the world? Where’s the US stand | China is number one in the world USA is number five in the world |
| According to the Death Penalty Information Center which state has had the most death row inmates exonerated from possible executions | Florida |
| According to the author of your text how likely is it that the death penalty will be abolished in the U.S. | Unlikely in the foreseeable future. |
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