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death penalty

QuestionAnswer
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Can a death row litigant relay on outdated law that was binding during his trial Lockhart vs. Fretwell NO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.
Created by: 505212176