Death Penalty Midterm
what were the last words uttered by the first American executed following the reinstatement of the death penalty in 1976
"lets do it"
as a result of Supreme Court decisions, the death penalty, unlike any other punishment prescribed by law, requires special procedures that ensure its lawful application. what has Professor Margaret Jane Radin called those special procedures:
"super due process"
according to a Federal Death Penalty Resource Counsel study, approximately what percent of the 1,500 organized crime figures that had been convicted between 1996 and 2000 faced a death sentence, including those who committed multiple murders
0
the youngest non-slave executed in the United States was Ocuish Hannah. How old was she committed the murder for which she was hanged
12
what is the average number of aggravating circumstances listed in the statues of death penalty states
13
in which of the following centuries was the last legal execution for adultery and witchcraft conducted in america
1600s
in what year was the american society for the abolition of capital punishment founded
1845
in what year did the first english-speaking jurisdiction abolish the death penalty (except for treason)
1846
approximately how many legally authorized executions in the united states have been confirmed by M.Watt Epsy
19,000
in which of the following decades did the fundamental legality of capital punishment itself become the subject of challenge
1960s
when was the military's last execution
1961
in what year did the last state switch from mandatory death penalty statutes to discretionary death penalty statutes?
1963
in which of the following years were there no legal executions for their first time in american history
1968
in which of the following years did congress enact a death penalty statute for murder in the course of a drug-kingpin conspiracy and, in doing so, created new death penalty procedures that would meet the requirements of Furman
1988
when did the federal death-row facility become operational
1999
approximately what percent of executions in America have been juveniles
2
what is the minimum number of attorneys that must be appointed to represent federal capital defendants
2
Approximately what percent of all executions conducted in the United States were carried out during this country's first two centuries?
20
California and Delaware have the most aggravating circumstances listed in their death penalty statues. How many aggravating circumstances are listed in the death penalty statutes of those states
22
approximately what percent of executions in America have been women
3
how many jurisdictions in the United States currently have death penalty statues
33
how many U.S. Supreme Court justices does it take to stay, or stop, an execution
5
below what age did american law prohibit the execution of children at the time Bill of Rights was ratified in 1791
7
what percent of all executions performed in the United States since colonial days have been by hanging
70
what is the average number mitigating circumstances among states that list them in their death penalty statutes?
8
according to a justice department study, what percent of federal defendants charged with capital offenses between 1995 and 2000 were minorities
80
which amendment were violated in the case in which supreme court held the death penalty, as administered, to be unconstitutional
8th and 14th
Alabama, Mississippi, and Texas have the fewest aggravating circumstances listed in their death penalty statutes. How many aggravating circumstances are listed in the death penalty statutes of those states
9
who is generally considered the "father of electrocution"
Alfred P. Southwick
in which of the following cases did the Supreme Court, for the first time, consider the constitutionality of the death penalty itself and not simply the procedures used to impose it
Boykin v. Alabama
which of the following states lists the fewest (5) mitigating circumstances in its death penalty statute
Delaware
which case dealt with the issue of the constitutionally military commissions
Ex parte Milligan
where and when was the last public execution held in the united states
Galena, Missouri in 1937
who and when was the first woman executed in america
Jane Champion in 1632
which of the following cases dealt with a botched electrocution
Louisiana ex rel Francis v. Resweber
Solesbee v. Balkcom (1950) was one of two cases that challenged the constitutionality of capital punishment prior to 1968. what was the other case
Louisiana ex rel. Francis v. Resweber
in what case and in what year was the U.S. Supreme Court's power of judicial review confirmed
Marbury v. Madison (1803)
in which of the following supreme court cases did justice harlan write, "those who have come to grips with the hard task of actually attempting to draft means of channeling capital sentences discretion have confirmed the lesson taught by...history...To identify before the fact those characteristics of criminal homicides and their perpetrators which call for the death penalty, and to express these characteristics in language which can be fairly understood and applied by the sentencing authority, appear to be tasks which are beyond present human ability"?
McGautha v. California
in which of the following cases did the supreme court tacitly approve (1) unfettered jury discretion in death sentencing, and (2) capital trials in which guilt and sentence were determined in one set of deliberations (instead of bifurcated proceedings)
McGautha v. California and Crampton v. Ohio
which of the following states was the first to authorize execution by lethal injection
Oklahoma
in which of the following cases did the states absorb fundamental due process rights
Palko v. Connecticut
Which of the following cities may be considered the birthplace of the American death penalty abolitionist effort?
Philadelphia
Which of the following cases involved the so-called "Scottsboro boys"
Powell v. Alabama
who and when was the first person executed by the U.S. government
Thomas Bird in 1790
who,when, and for what offense was the first juvenile in America executed?
Thomas Graunger in 1642 for bestiality
in which of the following cases did the supreme court emphasize that :the limits of civilized standards...draws its meaning from the evolving standards of decency that mark the progress of a maturing society"
Trop v. Dulles
in which of the following cases did the supreme court abandon its fixed or historical meaning of the concept of "cruel and unusual punishment" and created a new one
Weems v. United States
who was the first person to die in the electric chair and when did this occur
William Kemmler in 1890
in which of the following cases did the supreme court reject "mandatory" death penalty statutes passed by some states following Furman?
Woodson v. North Carolina and Roberts v. Louisiana
which of the following drugs are used in Ohio's 'Plan B' lethal injection protocol
a & c only potassium chloride midazolam
Which of the following cases dealt with exclusion of jurors based on race
a and c only Brown v. Mississippi Patton v. Mississippi
which of the following types of guided discretion statute is employed by florida
aggravating v. mitigating
what does research show about death-qualified jurors
all of the above
which of the following cases deal with the issue of ex post facto laws
all of the above
which of the following developments in the practice of capital punishment has been the direct result of abolitionist efforts
all of the above
which of the following was a primary purpose of executions in colonial American that is much less important today?
all of the above
why were condemned offenders in colonial america typically not executed for at least a week or two after convicition
all of the above
under which of the following conditions is a punishment considered "cruel and unusual"
all of the above are conditions that constitute cruel and unusual punishments
which of the following is not criticism of the use of victim-impact statements in capital trials
all of the above are criticisms
which of the following is not part of a military's death penalty process
all of the above are parts of the military's death penalty process
which of the following is not true about the Antiterrorism and Effective Death Penalty Act of 1996
all of the above are true
which of the following occurred during the execution of Clayton Lockett
all of the above occurred
which of the following groups is not exempted from the federal death penalty
all of the groups are exempted
in which of the following cases did the supreme court rule that kentucky's three-drug lethal injection protocol, which is similar to the execution protocol of most other death penalty states, did not violate the 8th amendment as "cruel and unusual"
baze v. rees
why did the supreme court declare the death penalty to be unconstitutional, as administered?
because juries were given complete discretion to decide whether to impose the death penalty or a lesser punishment in capital cases
who was the founder of the movement to abolish the death penalty in America
benjamin rush
what standard of proof is generally required to establish an aggravating circumstance
beyond a reasonable doubt
what was the subject of Winston v. United States, Strather v. United States, and Smith v. United States (1899), Aldridge v. United States (1931), Norris v. Alabama (1935), and Patton v. Mississippi (1948)
capital juries
What was the subject of United States v. Wilson (1833), Ex parte Wells (1855) and Biddle v. Perovich (1927)
clemency
which of the following states lists the most (11) mitigating circumstances in its death penalty statute?
colorado
who and when was the first person executed in america
daniel frank in 1622
of what common practice was Professor Oberer critical in his 1961 University of Texas Law Review article
death-qualifying jurors
which of the following methods of execution was occasionally utilized in colonial america as late as the eighteenth century?
drawing and quartering
between about 1930 and 1972, which of the following execution methods was employed by the majority of states had the death penalty
electrocution
with which of the following methods of execution did In Re Kemmler deal
electrocution
what was the subject of In re Medley (1890), Rooney v. North Dakota (1905), and Malloy v. South Carolina (1915)
ex post facto
Furman v. Georgia was the first time in the U.S Supreme Court agreed to consider the constitutionality of the death penalty itself and not simply the procedures used to impose it
false
Garland believes that a "positive symmetry" exists between lynching and the death penalty
false
In Schriro v. Summerline (2004), the Court ruled that Ring v. Arizona (2002) applied retroactively to cases already final on direct review
false
Rapes and kidnappings in which no death occurs are punishable by death
false
The first person executed in colonial America was hanged for murder
false
according to the supreme court, a prospective juror who would automatically vote for the death penalty upon conviction of a capital offense may not be challenged for cause
false
all of the united states' major allies have abolished the death penalty
false
an examination of 155 Texas death penalty cases in which prosecutors used experts to predict defendants' future dangerousness showed that the experts were wrong only 15 percent of the time
false
appellate relief in death penalty cases may be provided for any error even when the government is able to prove that it is harmless beyond a reasonable doubt
false
at the end of 2009, all states with capital punishment statutes provided for an automatic review of all death sentences, regardless of the defendant's wishes
false
beginning in the 1950s, the number of executions in the united states began to increase dramatically
false
currently, there are no people under a federal death sentence
false
eyewitness reported that the first person executed by electrocution died "instantaneously"
false
following furman, congress passed a constitutional amendment to restore the death penalty
false
founding fathers Alexander Hamilton and James Madison strongly objected to the supreme court exercising judicial review
false
if a jury in a "weighing state" finds aggravating and mitigating factors of equal weight, it may not impose a death sentence
false
in Payne v. Tennessee, the supreme court held that victim-impact statements are required in capital trials
false
in U.S. v. Jackson (1968), the Supreme Court upheld the provision in the federal kidnapping statute that required a jury recommendation to impose the death penalty
false
in approving guided-discretion death penalty statutes, the Court apparently opted (if it ever considered the dilemma) for consistency in application over the consideration of individual circumstances
false
nearly 90% of the women executed in the United States were executed after 1866
false
research shows that the victim-impact evidence has a profound influence on sentencing outcomes
false
the British colonies listed many more capital crimes in their death penalty statutes than Great Britain did in its death penalty statute
false
the U.S. Supreme Court must hear all death penalty appeals
false
the U.S. Supreme Court was the first federal court to declare unconstitutional in violation of the 8th amendment's prohibition of cruel and unusual punishment
false
the U.S. government did not execute a woman between 1927 and 1963
false
the federal death penalty law requires that all jurors find a mitigating circumstance before it can be weighed
false
the federal death penalty law specifies a three-step method for the weighing of statutorily enumerated aggravating and mitigating circumstances
false
the first reference to a government's proscription of "cruel and unusual punishments" is the 8th amendment of the U.S. Constitution
false
the five justices of the Furman majority maintained that capital punishment, itself, violated the 8th and 14th amendments
false
the habeas corpus proceeding tests whether the prisoner is guilty or innocent
false
the military's death penalty law requires court members (the military's equivalent to civilian jurors) to possess specific requirements, in addition to being the best qualified by reason of age, education, training, experience, length of service and judicial temperament
false
the military's death penalty law requires court members to hold a particular rank
false
the most women executed in any single year in America were the 140 women hanged for witchcraft in Massachusetts in 1692
false
the supreme court has held that a mandatory death sentence for murder committed by an inmate serving a life sentence without possibility of parole is constitutional
false
the supreme court has held that a second electrocution, conducted after first has failed to kill the defendant, is in violation of 8th amendment cruel and unusual punishment clause
false
the supreme court has held that capital sentencing instructions, which prevent the sentencing jury from considering any mitigating factor that the jury does not unanimously find, do not violate the 8th amendment
false
the supreme court has held that state appellate courts must provide, upon request, proportionality review of death sentences
false
the supreme court has held that states may execute people who have literally gone crazy on death row
false
the supreme court has held that the Food and Drug Administration is required to exercise its enforcement power to ensure that states only use drugs in lethal injections that are "safe and effective" for human execution
false
the supreme court has ruled that a juvenile offender may be sentenced to life imprisonment without opportunity of parole for a non-homicide crime
false
the supreme court has ruled that to show actual innocence on a successive petition for a writ of habeas corpus, a defendant must show, by proof beyond a reasonable doubt, that "but for a constitutional error, no reasonable juror would have found the (defendant) eligible for the death penalty
false
the trend is toward a decrease in the number of statutory aggravating circumstances in death penalty statutes
false
with the long drop, most of the botched hangings resulted in slow and painful strangulation
false
in which of the following courts are violations of federal capital punishment statutes first adjudicated
federal district courts
what method was employed to execute the first American following reinstatement of the death penalty in 1976
firing squad
with which of the following methods of execution did Wilkerson v. Utah deal
firing squad
what state was the first jurisdiction to impose a post-furman death sentence
georgia
in which of the following cases did the supreme court hold that "guided discretion" death penalty statutes are constitutional?
gregg v. georgia
which of the following descriptions best describes what happened to 29-year-old pencil factory manager Leo Frank, who, in 1913, was tried, convicted, and sentenced to death in Atlanta, Georgia, for the murder of his 13-year-old employee Mary Ohagan
he was lynched
what was distinctive about the execution of Juan Raul Garza
he was the first person executed under the 1988 federal "drug kingpin" statute, which allows the death penalty to be imposed on murders resulting from large-scale illegal drug operations
in his 1961 University of Southern California Law Review article, what was the novel (new) reason Professor Gottlieb used in arguing that the death penalty was unconstitutional
it violated contemporary moral standards
from which of the following did the U.S. Supreme Court derive its appellate jurisdiction in death penalty cases
its power of judicial review
with what issue do the following cases deal: Simmons v. South Carolina (1994), Weeks v. Angelone (2000), Shafer v. South Carolina (2001), and Kelly v. South Carolina (2002)
jury instructions
which of the following methods of execution currently is provided by the most jurisdictions
lethal injection
which of the following methods of execution is currently used by the federal government
lethal injection
which of the following methods of execution is currently used by the military
lethal injection
with which of the following methods of execution did Baze v. Rees deal
lethal injection
what alternative to capital punishment was proposed by the founder of the death penalty abolitionist movement?
life imprisonment with opportunity for parole
which english speaking jurisdiction was the first to abolish the death penalty (except for treason)
michigan
which of the following is not a type of guided discretion statute
mitigating v. structured
in 2013, what was the average time interval between death sentence and execution
more than 15 years
during world war II, for which of the following crimes were the most soldiers sentenced to death
murder
what was the last state to abandon electrocution as its primary method of execution
nebraska
which of the following states uses electrocution as the sole method of execution
no state uses electrocution as the sole method of electrocution
in which of the following cases did the supreme court rule that racial discrimination must be shown in individual cases
none of the above
which of the following states was the first to execute by lethal gas
none of the above
in what year did the Supreme Court set aside death sentences for the first time in American history
none of the above (1972)
in 1830, what state was the first to hide executions from the public by requiring them to be conducted in jails or prisons
none of the above (Connecticut)
which of the following was the first case to apply the 14th amendment's due process clause to capital cases in state courts
powell v. alabama
in Walton v. Arizona (1990), what standard of proof did the Supreme Court approve for proving the existence of mitigating factors in Arizona? (This has been adopted by most death penalty states.)
preponderance of the evidence
with which of the following participants in a capital trial was the case of Barefoot v. Estelle concerned
psychiatrists
which of the following "objective indicators" is not counted by the supreme court as evidence of "evolving standards of decency"
public opinion
which of the following issues was addressed in the case of Miller-El v. Dretke (2005)
racial bias during jury selection
which of the following issues is not addressed by the Innocence Protection Act of 2004
racial discrimination
the case of Maxwell v. Bishop, among other things, contributed to the unoffical moratorium on executions. for which of the following offenses was Mawell convicted?
rape
according to chief justice rehnquist, what is the proper procedure for making a claim of actual innocence after the judicial process has been exhausted
requesting executive clemency
What was the subject of Craemer v. Washington (1897), Robinson v. United States (1945), and Williams v. New York (1949)
sentencing
in 1837, what state became the first to enact a discretionary death penalty statute for murder
tennessee
where and when was the fist execution by lethal injection
texas, 1982
which of the following constitutional amendments presumably authorizes capital punishment
the 5th
during world war II, which branch of of the military executed the most U.S. personnel
the Army
which of the following actions can be Supreme Court not take when it decides a case it has accepted on appeal
the Court can take all of the aforementioned actions
what appellate court in the United States was the first to rule that electrocution violated the 8th amendment's prohibition against cruel and unusual punishment
the georgia supreme court
which of the following institutions was crucial to the early american abolitionist argument
the prison
who was the first person executed in the federal death chamber
timothy mcveigh
why did southern states, at least at first, replace mandatory death penalty statutes with discretionary death penalty statutes?
to allow all-white juries to take race into account
"death qualification" refers to the common practice of excusing prospective jurors simply because they are opposed to capital punishment
true
Brown v. Mississippi dealt with coerced confessions
true
In Ex parte Milligan (71 U.S. 2), in 1866, the issue before the Court in this case was the problem of military power over civilians
true
Most of juveniles executed in the United States (nearly 70%) have been black, and nearly 90 percent of their victims have been white
true
Powell v. Alabama (287 U.S. 45, 1932) involved the so-called "Scottsboro Boys"
true
The LDF attorneys hoped that the arguments set forth in the Boykin v. Alabam brief would eventually become the basis for the death penalty's complete abolition on 8th amendment grounds
true
The military's death penalty law provides that convictions and death sentences may be appealed first to the particular branches' court of criminal appeals (e.g. the Army Court of Criminal Appeals); next to the United States Court of Appeals for the Armed Forces' and, finally, to the United States Supreme Court
true
Under its appellate jurisdiction, the U.S. Supreme Court hears death penalty cases appealed from the U.S. circuit courts of appeals or from the high court of a state
true
a federal court can save a prisoner from execution only if the state court decision against the prisoner was not only wrong but unreasonably wrong
true
a principle reason why the state legislature that first adopted electrocution chose it as a method of execution instead of lethal injection was doctors feared that people would associate death with the hypodermic needle and the practice of medicine
true
a recent study suggests that states with the largest black populations and the most substantial inclinations to use lynching in the past now are more likely to impose the death penalty
true
a significant difference between the military appellate system and the civilian appellate system is that in the civilian appellate system, facts outside the trial record that can be used to attack a conviction or sentence ( such as ineffective assistance of counsel or discovery violations by the prosecutor) are not generally raised on direct appeal but rather are raised during post-conviction review. in the military appellate system, by contrast, there is no post-conviction review. facts outside the trial record are routinely raised on direct appeal, usually through a motion to attach an affidavit
true
according to a recent article in a prominent British medical journal, methods of lethal injection are flawed and some inmates might experience awareness and suffering during execution
true
aggravating circumstances differ widely in their significance; therefore, their content is more important than how many there are in determining the number of death-eligible offenses
true
at the time of Rosenbergs were executed, death penalty support in the United States was at the highest (recorded) level in American history
true
before 1837, all states employed mandatory death penalty statues that required anyone convicted of a designated capital crime to be sentenced to death
true
between 1918 and 1957, no state in the United States abolished the death penalty
true
between 1968 and 1977 no one was executed under state authority in the united states
true
bifurcated trials consist of a guilt phase, where guilt or innocence is the principal issue to be determined, and a penalty phase, where the imposition of either a life or death sentence is the sole issue
true
by the late 1840s, death penalty opposition became so prevalent in some northern states that it had become difficult to empanel juries in capital cases
true
death penalty "enhancements," along with burning the body, were especially terrifying to most colonial Americans and, thus, presumably effective deterrents to crime, because, according to Christian theology, if the integrity of a person's corpse has been violated and the corpse has not been properly buried, that person will be denied resurrection at the final judgement
true
during the 1960s, one-quarter of the prisoners executed had no appeals at all, and two-thirds of their cases were never reviewed by a federal court
true
during the twentieth century, more people have been executed by electrocution than any other method
true
executions in colonial america were considered a particularly wholesome experience for children
true
following the first execution by electrocution, experts on electricity, such as Thomas Edison and Nikola Tesla, publicly debated whether electrocution was so horrible that it should never have been invented
true
for 8th amendment purposes, the Supreme Court has defined insanity as the condition under which people are unaware of the punishment they are about to suffer and why they are to suffer it
true
in the 1870s and 1890s, lynchings outnumbered executions in the south
true
in the 1980s, about 90 percent of executions were imposed under local authority, but by the 1920s, about 90 percent were imposed under state authority
true
in the case of Glossip v. Gross (2015), Justice Breyer, writing in the dissent, held that it is highly likely the death penalty violates the 8th amendment
true
in the death penalty law of the Puritans of the Massachusetts Bay Colony, each capital crime, except conspiracy and rebellion, was accompanied by an appropriate biblical quotation as justification
true
in the nineteenth century, some states forbid witnesses of executions to divulge to anyone what they had seen under penalty of fine or incarceration
true
life without opportunity of parole (LWOP) statutes were enacted in response to the Furman decision
true
medical doctors, and especially anesthesiologists, are frequently opposed to lethal injection as an execution method because, among other things, no assurances can be given that the barbiturates will not wear off before death occurs, causing the condemned inmate to waj eup and slowly suffocate to death
true
more capital offenders were executed during the 1930s than in any other decade in American history
true
most jurisdictions use prison employees to insert the needles in the execution procedure
true
no other public event in colonial america drew larger crowds than executions
true
research shows that "death-qualified" juries are more conviction-prone
true
research shows that virtually all persons sentenced to death in Georgia before Furman would have been deemed death-eligible under Georgia's post-Furman statute
true
simon and spaulding contend that aggravating factors have symbolic capital as "tokens of our esteem" as they validate the worth of potential victims
true
some states currently have death penalty statutes that list capital crimes that do not necessarily involve murder
true
some states provide for more than one method of execution
true
some states use lethal injections machines in their execution method
true
the British colonies may have had even fewer capital crimes if long-term confinement facilities had been available
true
the U.S. Supreme Court only hears death penalty appeals from the high court of a state when claims under federal law or the Constitution are involved
true
the crimes for which the death penalty was legally imposed varied among american colonies
true
the electric chair is an american invention
true
the electric chair is an unintended product of a corporate battle between the Westinghouse and Edison companies
true
the federal death penalty law gives the government the burden of establishing aggravating circumstances beyond a reasonable doubt
true
the federal death penalty law has three different sets of aggravating circumstances: those for espionage and treason; those for homicide; and those for non-homicide drug offenses
true
the federal death penalty law provides the right to appeal both the conviction and the death sentence
true
the federal death penalty law requires authorization from the U.S. Attorney General before federal prosecutors can file capital charges
true
the federal death penalty law requires that a sentence other than death be imposed if no aggravating circumstance is found to exist
true
the federal death penalty law requires the government, before trial or plea, to list the aggravating circumstances that it proposes to prove to justify a death sentence
true
the federal death penalty law requires to court to consider the federal public defender's recommendation about which attorneys are qualified for appointment in capital cases
true
the federal death penalty law requires unanimity on the part of jurors in the finding of an aggravating circumstance
true
the federal death penalty law restricts the federal government's ability to impose the death penalty on Native Americans
true
the first woman executed in America was hanged for murdering and concealing the death of her child, who allegedly was fathering by a man who was not her husband
true
the is no uniform policy for conducting lethal injections in all executing jurisdictions in the U.S.
true
the laws in all death penalty states stipulate that the medical techniques used in lethal injection executions are not medical techniques, and the medical personnel who participate in them are not medical personnel for the purpose of executing prison inmates
true
the military's death penalty law does not allow a guilty plea to an offense for which the death penalty may be adjudged
true
the military's death penalty law entitles capital defendants individual military counsel, preferably one with experience defending capital cases, or civilian counsel
true
the military's death penalty law requires that before arraignment, the prosecution must provide written notice to the defense of aggravating factors that the prosecution intends to prove
true
the most direct way in which the United States has been alienating its allies is the execution of foreign nationals, especially when they have not been accorded their rights under the Vienna Convention on Consular Relations
true
the number of women executed declined dramatically with the decline in the prosecution of moral offenses
true
the president of the United States must approve all military executions
true
the primary justification for the unique procedural safeguards approved by the supreme court was the "death is different" principle
true
the purpose of proportionality review is to identify sentencing disparities and aid in their elimination
true
the racial justice act and the fairness in death sentencing act allow offenders sentenced to death to have the same right to challenge, as racially discriminatory, their individual death sentences much in the same way as individuals have in challenging, as racially discriminatory, outcomes under federal employment or housing laws
true
the supreme court approved the "guided discretion" statutes on faith
true
the supreme court has established the principle that the 8th amendment requires at least a rough correspondence between the punishment imposed, the harm done, and the blameworthiness of the defendant
true
the supreme court has held that a conviction-minded jury must be allowed to consider a verdict of guilt of a lesser-included (non-capital) offense
true
the supreme court has held that appointed counsel representing capital defendant before U.S. Supreme Court is limited to $5,000 in fees
true
the supreme court has held that convicted murderers trying to escape a death sentence in favor of life in prison may present evidence of their good behavior in jail while awaiting
true
the supreme court has held that even where a potential juror offers no objection to the death penalty and states clearly that he or she will follow the applicable law, it is not contrary to clearly established federal law to exclude simply because they were opposed to capital punishment
true
the supreme court has held that failure to provide counsel in a capital case violates "due process" as required under the 14th amendment
true
the supreme court has held that failure to voir dire jury about racial bias in an interracial murder case creates an intolerable risk of discrimination
true
the supreme court has held that indictments by an all-white grand jury from which black individuals are systematically excluded creates an intolerable risk that the defendant's indictment is a result of discrimination, thereby violating the equal protection clause
true
the supreme court has held that issues raised for the first time pursuant to last-minute please for stays of execution where the issues could have been raised on previous petitions for habeas relief will not be considered
true
the supreme court has held that judges and juries may find murderous intent in someone who participated in a crime that resulted in a death who did not actually kill or plan to kill anyone
true
the supreme court has held that suggestion to sentencing jury that appellate court would correct an inappropriate death sentence creates an intolerable risk of unreliable sentencing
true
the supreme court has held that the double jeopardy clause prevents imposition of the death sentence upon retrial when a jury had imposed life imprisonment at the first trial
true
the supreme court has held that the freedom of prosecutors to use peremptory challenges to exclude minority jurors is limited
true
the supreme court has held that the sentence (judge or jury) may not refuse to consider any relevant mitigating circumstance in a capital trail, as long as it is supported by evidence
true
the supreme court has held that, in those states that allow it, a sentencing judge can disregard a jury's recommendation of life imprisonment and impose the death penalty or vice versa
true
the supreme court has never declared an execution method cruel and unusual punishment
true
the supreme court is willing to allow psychiatric evidence predicting future dangerousness
true
the supreme court opined that the "guided discretion" statutes would respect the defendant's basic human dignity, as required by the 8th amendment, and prevent jury nullification-the practice of a jury's refusal to convict guilty defendants to avoid imposing unjust death sentences
true
throughout its history, the Court has rejected as unworthy of review the vast majority of cases appealed to it
true
today, all executions are imposed under state auhtority
true
treason against a state has never been prosecuted at the state-level
true
Solesbee v. Balkcom (1950) was one of two cases that challenged the constitutionality of capital punishment prior to 1968. what was the issue addressed in this case
whether a governor is allowed to determine an inmate's sanity where finding an inmate insane would prevent his or her execution
what is the name of an order requiring that a prisoner be brought before a court at a stated time and place to decide the legality of his or her detention or imprisonment
writ of habeas corpus
