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Can a death row litigant relay on outdated law that was binding during his trial | Lockhart vs. Fretwell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. |