FINAL EXAM CAPITAL PUNISHMENT

Rape was not a death-worthy crime in the Old Testament. True or False

False

The American Law Institute (ALI) supports the death penalty. True or False

False

Prior to _______ century executions had been public and were held out in the open on the edge of town or near the courthouse.

19th

By 1860 all northern states had abolished capital punishment for all crimes except _________ and _______

1st degree murder, treason

Based on all of the data currently available a conservative estimate would be that the total cost of the death penalty probably is somewhere between ____ to ____ times as much as LWOP, and perhaps much more in some states.

2 to 4

The proposed reformed system vs. LWOP $232,700,000/11,500,000 = _____ times more

20.2

As recently as ______ youths 16 & 17 years-old could have been executed.

2005

According to the David Baldus study, a black who killed a white had a _______% chance of receiving the death penalty

21%

In the Panetti v Quarterman case, the court did not establish a rule for mental competency hearings that states must follow. True or False

True

Loss of virginity for women was a death-eligible crime in the Old Testament. True or False

True

Methodists disapprove of the death penalty. True or False

True

Mr. Broussard said that because one black juror was studying to be a minister, she "was not the kind of juror we were looking for." But a white man who was a minister was allowed to serve. True or False

True

RACE OF DEFENDANTS EXECUTED FOR MURDER IN THE U.S. from 1930-1967 is 50/50 between whites and blacks. True or False

True

Shepherd says that the first few executions always have a brutalization effect. True or False

True

There is __________ in the murder rate of police officers in abolition and death penalty states.

virtually no difference

In the Ford v Wainwright case, although the three state psychiatrists reached different diagnoses of psychosis, they all agreed Ford was seriously mentally ill but _______

was competent to be executed

Urukagina decreed that the rich man or priest cannot force a poor man to ___________against his wishes

sell his property

What happened in 2012 to the detective who forced confessions out of the Norfolk 4?

sentenced to 10 years in prison for extortion

Strangely, most of the death penalty crimes in the Code of the Hittites (2000-1200 BC) related to some form ___________ of rather than murder

sexual misconduct

Some of the Southern colonies had death penalty crimes that only related to ___________

slaves

Lineup Composition, Multiple Presentations of the Suspect, Lineup Instructions, and Administrator Knowledge of Suspect's identity are all ____________ for faulty witness identification

system variables

Justice Kennedy in Roper v. Simmons said, "In December 2003 the Governor of Kentucky decided to spare the life of Kevin Stanford, and commuted his sentence to one of life imprisonment without parole, with the declaration that ____________________

" 'We ought not be executing people who, legally, were children.' "

Justice Brennan, using 4 principles and a test on whether the death penalty broke 8th and 14th amendment rights, concluded that ___________

"...death is today a 'cruel and unusual punishment' "

What was the importance of the Trop v Dulles case?

"The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society."

In one Louisiana case, a judge allowed a black juror to be dismissed because the prosecutor said he __________________

"looked like a drug dealer."

Crime rate =

# of Crimes/Population

Execution Rate =

# of Executions / # of Crimes

When referencing California, Ed Barnes of Fox News reported, "...the cash-strapped state could immediately save ___________ by eliminating the death penalty and imposing sentences of life without parole."

$1 Billion

"The cost of a system which imposes a maximum penalty of lifetime incarceration instead of the death penalty would be __________ per year."

$11.5 million

"The cost of the present death penalty system with reforms recommended by the Commission to ensure a fair process would be ___________ per year."

$232.7 million

"With California's current death row population of 670, that accounts for _______________ annually."

$63.3 Million

What are the 3 things of importance regarding the Wilkerson v Utah case?

(1) 1st time U.S. Supreme Court attempted to interpret "cruel and unusual" punishment clause of the 8th Amendment. (2) Specific punishments are listed as examples of cruel and unusual punishment (3) The wording used by the court is prophetic in terms of issues arising in contemporary society.

What are the 3 importances of the Furman v Georgia case?

(1) 1st time U.S. Supreme Court determined death penalty was unconstitutional. (2) Every states capital punishment statutes became obsolete and 600 people were permanently removed from death row. (3) With a 5-4 vote and all nine judges entering separate opinions this was one of the more divisive votes of the court.

What were the 3 importances of the Louisiana ex rel. Francis v Resweber Case?

(1) The court ruled on what the state intended to do, not what it did. (2) The death penalty, per se, is constitutional, but (3) torture or unnecessary infliction of pain would be "cruel and unusual".

When criminologists study the origins of punishment they find that four major responses to crime have been employed throughout most of recorded history:

(1) removal from the group, (2) torture, (3) social degradation, and (4) financial loss

What were the 4 importances of the In Re Kemmler case?

(1)Electric chair is a constitutional method of execution. (2) Connections between the "due process" of 14th and "cruel and unusual" punishment of 8th made. (3) "cruel and unusual" punishments list extended, (4) difficulty in defining "cruel and unusual" reaffirmed.

There are cases in the U.S. as recently as the ________ of 12 and 13 year-old youth being executed.

1920's

_____% of criminology presidents think that the death penalty significantly reduces the number of homicides, compared to 26% of police chiefs.

0%

According to the David Baldus study, blacks who murdered blacks had a _____% chance of recieving the death penalty

1%

The jury in the Geimer & Amsterdam cases said that there were four factors that influenced a jury to vote for death:

1. "Manner of Killing" 2. Demeanor of Defendant 3. Performance of Defense Attorney 4. Thought they were supposed to vote for death if defense couldn't convince them otherwise

A dramatic change occurred in the 19th century, however. Death penalty crimes reduced to ____1____ and by the 1840's the number of death penalty crimes in England was reduced to less than __2___

1. 100 2. 20

In ____1_______, ______2______became the first state to abolish the death penalty for all crimes but re-established it.

1. 1852 2. Rhode Island

Great Britain continued adding to the number of death penalty offenses in its legal code and by the late 18th and early 19th centuries A.D. there were approximately ___1___ or more crimes requiring the death penalty. The number varies greatly depending on the source and some authors say the death penalty was authorized for as many as 350 or more crimes. In addition to more serious crimes, felling a tree, robbing a rabbit warren, and counterfeiting tax stamps were included (Reggio, 1997, p. 3). Perhaps it was the inclusion of such numerous minor offenses that led the population to refer to the statutes as the _____2______ (Gershman, 2005, p. 20). According to Bedau, "between 2,000 and 3,000 persons were sentenced to death each year from 1805 to 1810" (Bedau, 1964, p. 2).

1. 200 2. Bloody Code

What are 3 reasons dishonest informants may exist in a trial?

1. Accomplices 2. Jailhouse Snitches 3. Others with something to gain

What are 4 reasons someone may have Incompetent, Poor, or "Bad" Defense Attorneys?

1. Bad pay 2. Badly trained 3. Personal Problems 4. Apathy-Presumes client guilty

Inconsistency in case sentencing can be avoided by what 3 things?

1. Bifurcation 2. Aggravating Factor must be found 3. Higher state court review

What was the importance of the Ford v Wainwright case?(2)

1. Can't execute prisoner who became insane while incarcerated under 8th amendment 2. Florida must revise process that determines mental capacity before executing

What 3 reasons were public executions banned?

1. Carnival atmosphere developed and it was not deemed suitable for young children. 2. Some offenders were turned into folk heroes, spectators identified with them. 3. Crimes of violence seemed to increase before and after public execution.

What are 4 ways prosecutorial misconduct can affect a trial?

1. Coaching witnesses 2. Bribing Witnesses 3. Concealing Evidence 4. Improper Jury Selection

In the _____1______, a list of 60 property regulations were transmitted by the King. ____2____, per se, is not mentioned, but the death penalty is listed for other offenses.

1. Code of Eshnunna (1920 BC) 2. Murder

_____1_____ were the earliest law Codes that have been recovered are also from the Sumerians and from a period approximately 300 years after Urukagina and 300 years before Hammurabi (Kramer, 1956, pp. 51-52). "The death penalty was used for married women who seduced other men into adultery and for men who raped virgins" (if she was betrothed) and for both men and women who committed murder (Tetlow, 2004, pp. 13-14). Most crimes, however, were punishable by some form of monetary fine or restitution. The ___2___, in which an accused person was thrown into a river and if they drowned they were guilty but if they survived they were innocent, is sometimes referred to as a form of capital punishment, but as Tetlow explains, this may not be a correct understanding of the process.

1. Code of Ur-Nammu (2113B.C.- 2096 B.C) 2. Water Ordeal

Most of the colonies were similar to Massachusetts in the fact most had _______-_______ crimes worthy of the death penalty

10-15

What are 3 ways police misconduct can affect a trial?

1. Faking confession 2. Threatening witness 3. Hiding evidence

What are 9 of the main reasons that an innocent person can be put on death row?

1. False Confessions 2. Faulty Eyewitness Identification 3. "Junk Science" 4. Dishonest Informants 5. Improper Police Investigation 6. Police Misconduct 7. Prosecutorial Misconduct 8. Judicial Misconduct 9. Incompetent, Poor, or "Bad" defense attorneys

What are 8 definitions of innocence of those on death row?

1. Found not guilty at new trial 2. Most experts believe innocence 3. Officially Exonerated 4. State drops charges dismisses defendant 5. Crime was accident or in self-defense 6. Didn't cause death but was involved in crime, tried to prevent or didn't plan to kill 7. Murdered without premeditation or malice 8. Guilty of 1st degree murder but no aggravating factors to elevate to death sentence, mitigating factors not presented in court

According to Justice Burger, the basic problem identified in the Furman case was that juries had too much discretion which resulted in discriminatory and arbitrary (capricious, random, unpredictable) use of the death penalty. Burger had suggested two approaches to the problem:

1. Guiding the discretion of juries 2. Mandatory death sentences (an option Burger opposed)

_________% of criminology presidents think that politicians support the death penalty as a symbolic way to show they are tough on crime compared to 85% of police chiefs that believe this.

100%

What are the 5 major purposes of punishment?

1. Incapacitation 2. Deterrence 3. Rehabilitation 4. Financial Compensation for Victim and/or Society 5. Retribution

Utilitarian Philosophers Say There Are 4 Ways Punishment May Prevent Crime:

1. Incapacitation 2. General Deterrence 3. Specific Deterrence 4. Rehabilitation

What was the importance of the Panetti v Quarterman case? (2)

1. Inmate can't be executed if mental illness prevents them from understanding punishment. 2. Confusion about term "mentally competent"

After the Furman v Georgia case, 4 principles were established to figure out whether a punishment is "cruel and unusual":

1. It's unusually severe 2. It's inflicted arbitrarily 3. It's substantially rejected by society 4. It doesn't serve any penal purpose more effectively than some less severe punishment

Existing system vs. LWOP = $137,000,000/11,500,000 = _____ times more

11.9

What are 5 reasons a suspect may freely volunteer a false confession?

1. Mentally ill 2. Wants fame 3. Guilt for prior behavior 4. Confusion of fantasy and reality 5. Protecting real perpetrator

____1_____ was the first state to abolish the death penalty in ____2____ for all crimes except treason

1. Michigan 2. 1846

How many countries have totally abolished the DP in law and practice?

140

In the Gregg v Georgia cases, justices made the claim that "The death penalty is said to serve two principal social purposes: ______1______ and ______2_______ of capital crimes by prospective offenders

1. Retribution 2. Deterrence

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. What amendment?

14th amendment

In the ruling of the Singleton v Norris Case, to legally forcefully medicate someone 3 conditions must be met:

1. State interest outweighs individual interest to remain medication free 2. Prove there's no less intrusive way to solve situation 3. Prove medication is medically appropriate

What are 4 ways judicial misconduct can affect a trial?

1. improper jury selection 2. Improper jury instructions 3. Judge is pro prosecution 4. Judge is overriding jury

Prosecutors have claimed to strike jurors who just so happen to be black because they: (3)

1. live in high-crime areas 2. Unemployed 3. Are single parents

What are 5 reasons an improper police investigation may exist in a trial?

1. poorly trained 2. Inexperience 3. Tunnel Vision 4. Improper eye witness process 5. Improper handling of witnesses

Cloninger and Marchesini (2006) studied the moratorium in Illinois as well as the commutations of the death row inmates and said that these actions resulted in _______ murders.

150

Although there were apparently various forms of unwritten rules that existed in early societies long before recorded history, and there are probably written law codes that have not yet been discovered, (Kramer, 1956, p. 55) the first written laws discovered, the ____1____, appear to have been authorized by the Ruler of the city-state of Lagash in Mesopotamia (Kramer, 1956, pp. 45-50). The death penalty was not specifically mentioned but in this code it abolished the custom of ____2____ in which the woman who had taken multiple husbands was to be stoned with rocks. This code is cited in many sources and is well accepted by historians, but the original version has yet to be found.

1. Urukagina Code (ca. 2378 BC-2371 BC) 2. Polyandry

Three Supreme Court cases are important relative to death qualification:

1. Witherspoon v Illinois 2. Lockhart v McCree 3. Morgan v Illinois

For Inclusion on the Innocence List:Defendants must have been convicted, sentenced to death and subsequently either-: (3)

1. acquitted of all "death eligible" charges 2. Had death eligible crimes dismissed by prosecutor 3. Granted pardon based on innocence

It is interesting that being a _____1______ or ____2_____, was apparently considered the most serious offense calling for the death penalty in the Code of Hammurabi

1. false witness 2. bringing false charges against someone

Some say that laws, including the death penalty first appeared under _______1_______ of ___2___

1.Emperor Fuxi (2853-2738 B.C) 2. China

A report released on April 18, 2012 by the National Research Council of the National Academies of Science. The report lays out 3 fundamental flaws

1.No account for effects of non-DP punishments 2. Incomplete models of potential murderers' perceptions of and response to DP. 3. Estimates of DP's effect based on statistical models that make assumptions

Only ________% of U.S. counties accounted for all of the death sentences imposed between 2004 and 2012.

10%

By 1950 there were only ______ states without capital punishment.

5

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. What amendment?

5th amendment

Which amendment deals with double jeopardy?

5th amendment

Where's the US rank in the world in regard to executions?

6th

Under the old common law, anyone age ______ or older could, at least theoretically, be executed.

7

Looked at from the other direction, ________ % of Christian countries do not have, or do not use, the death penalty.

84%

_______% of criminology presidents think that debates about the death penalty distract Congress and state legislatures from focusing on real solutions to crime problems, compared to 57% of police chiefs that think this.

86%

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. What amendment?

8th Amendment

Which amendment prohibits cruel and unusual punishment?

8th amendment

punishments ... such as drawing and quartering, disemboweling, beheading, burning alive, and all others in the same line of unnecessary cruelty, are forbidden by ________________

8th amendment of US Constitution

In Waldo's comparison of similar states with and without the death penalty, he found that ____ out of 12 of the non-death penalty states had lower murder rates

9

In the Lockhart v McCree case, the Supreme court ruled in a 6-3 vote that:

A prospective juror, whose strong opposition to the death penalty could impair their judgement during sentencing, and keep them from ever imposing death, may be removed

"Since the U. S. Supreme Court reaffirmed use of the death penalty in 1976, over 100 individuals sentenced to death have been freed from death row. ... In most of these cases, the system that erroneously convicted these individuals and sent them to death row also failed to discover and correct its errors." Who gave this report?

ABA Moratorium Implementation Project

These are meant to probe prospective jurors' membership in, or identification with, groups that are thought to be either more "tough- minded" or more "tender-minded" in their approach to social issues

Affiliative Questions

These questions can include both straightforward inquiries about demographic information such as age, marital status, occupation, education, religion, political preferences. And indirect questions like favorite TV show or charitable contributions

Affiliative Questions

Three general types of questions might be asked of potential jurors:

Affiliative Questions, Attitudinal Questions, Experiential Questions

The ______________ is made up of about 4,000 judges, lawyers and law professors scattered across the United States. It synthesizes and reshapes the law by writing model codes that can be adopted by the states. It provides structure and coherence in a legal system that might otherwise consist of 50 different approaches to every legal question. It's goal is to create a fair, legal, and more consistent sentencing system that can be applied across all 50 states.

American Law Institute (ALI)

Lacking direct access to juries while the trial is underway, the three major strategies resorted to by social scientists in the study of jury behavior have been:

Archival analyses, Mock jury experiments, and Retrospective studies/interviews of actual jurors after a trial has been completed.

89% of defendants executed for rape in the US since 1930 were _______

Black

"It is a violation of the 8th Amendment to put to death an offender who is mentally retarded." is a summary of what case?

Atkins v Virginia

A man was convicted of abduction, armed robbery, and capital murder, and sentenced to death. He and William Jones abducted Eric Nesbitt, robbed him of the money on his person, drove him to an automated teller machine in his pickup truck where cameras recorded their withdrawal of additional cash, then took him to an isolated location where he was shot and killed. In the penalty phase, the defense relied on one witness, a forensic psychologist who had evaluated the man before trial and concluded that he was "mildly mentally retarded." He had an IQ of 59. He was sentenced to death. What case?

Atkins v Virginia

These are meant to tap the beliefs, attitudes and opinions about a variety of issues that might pertain to the case at hand.

Attitudinal Questions

Questions of this type might focus on beliefs about the criminal justice system, the presumption of innocence, circumstantial evidence, and other legal principles. May include questions about attitudes towards, race, religion, etc.

Attitudinal questions

Death Penalty Cases Can Mean ___________ for Small Counties

Bankruptcy

During this trial, the judge conducted voir dire examination of the jury venire and excused certain jurors for cause. The prosecutor then used his peremptory challenges to strike all four black persons on the venire, and a jury composed only of white persons was selected. Defense counsel moved to discharge the jury on the ground that the prosecutor's removal of the black veniremen violated petitioner's rights under the 6th Amendment to a jury drawn from a cross section of the community, and under the 14th Amendment to equal protection of the laws.

Batson v Kentucky

The importance of this case was that prosecutors can no longer pick an all-white jury by excluding minorities from jury service based solely on race. They must have non-racial reasons for exclusion.

Batson v Kentucky

The major form of counter-deterrence related to the death penalty is frequently called ____________

Brutalization

This is a counter-deterrent effect that can be contrasted with General and Specific Deterrence. Instead of specific deterrence an offender is said to have been "brutalized" by the punishment received so they commit future crimes.

Brutalization

Under Philippine law the penalty of ___________ was second only to capital punishment in its severity.

Cadena

What's the importance of the Morgan v Illinois case?

Called "Reverse Witherspoon". Permits juror dismissal if juror would always vote for death penalty

An American man who was convicted of murdering his three young children by arson at the family home in Corsicana, Texas on December 23, 1991. He was executed in 2004.

Cameron Todd Willingham

Who was the first person executed in the colonies and when?

Captain George Kendall in 1608

Carlos Deluna was executed for robbing a gas station and murdering the store clerk, but in reality he hadn't committed the crime, it had been his friend ___________

Carlos Hernandez

Which country leads the world in executions?

China

Of the top 9 countries who use the death penalty on a regular basis only one is a ______________ .

Christian country

A list of 60 property regulations laid down by God (Tishpak) and transmitted by the king.

Code of Eshunna

In the ___________, Murder, per se, is not mentioned, but the death penalty is.

Code of Eshunna

In this code, if one committed a capital offense such as building a structure poorly that later collapsed killing someone, they would have to go before the king

Code of Eshunna

Code 195: "If a son strike his father, his hands shall be hewn off."Code 196: "If a man put out the eye of another man, his eye shall be put out."Code 197: "If he break another man's bone, his bone shall be broken."Code 200: "If a man knock out the teeth of his equal, his teeth shall be knocked out." These are all laws from what code?

Code of Hammurabi

Code 1: "If any one ensnare another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death."Code 2: "If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser." Code 3: "If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death. These are examples of what code of laws?

Code of Hammurabi

Lex Talionis "eye for an eye" is used Three-Tiered Class Structure (born free, freed person, slave) "Sympathetic" Punishment Early Example of Victim Compensation Introduction of "mens rea" (element of intent) These were all characteristics of what law code?

Code of Hammurabi

Probably the best known and most frequently referenced of all of the early legal codes.

Code of Hammurabi (1792-1750 BC)

If a man commits a kidnapping, he is to be imprisoned and pay 15 shekels of silver.  If a man proceeded by force, and deflowered the virgin slavewoman of another man, that man must pay five shekels of silver. If a man divorces his first-time wife, he shall pay her one mina of silver. These are all laws from what code?

Code of Ur Nammu

If a man commits a murder, that man must be killed. If a man commits a robbery, he will be killed. If a man violates the right of another man and deflowers his virgin wife, they shall kill him. If the wife of a man followed after another man and he slept with her, they shall slay that woman, but that male shall be set free. These are all laws from what code?

Code of Ur Nammu

Code 188. If a man have intercourse with his own mother, it is a capital crime, he shall die. If a man have intercourse with a daughter, it is a capital crime, he shall die. If a man have intercourse with a son, it is a capital crime, he shall die. What code is this from

Code of the Hittites

Intercourse with a cow would be punishable by death under what law?

Code of the Hittites

The death penalty is unconstitutional in the case of the rape of an adult woman when no death occurs. What case?

Coker v Georgia

In contrast with most societies of their time, the Hittite Code was more concerned with sentences that ___________

Compensated victims

In 1830 __________ was the first state to ban public executions. By 1836 six other states had banned public executions.

Connecticut

Similar cases should get similar sentences - luck of the draw or discrimination should not determine the sentence

Consistency

_______ has always been a strong "common sense" argument in favor of the death penalty.

Cost

In one prosecutors training tape it described in detail to discriminate against potential black jurors in 3 ways:

Don't select educated blacks for jury, Don't select blacks from low-income families, don't select young black women or almost any black women

The __________ Code made every single criminal offense punishable by death

Draconian

When crime increases rather than decreases after a punishment has been applied. (The punishment "back-fires".) It can be anything that leads to an increase in crime because a punishment has been applied

Counter-deterrence

Newman said that ___________ was probably the oldest form of official punishment and the pivotal punishment in Western society from Ancient times until the nineteenth century

Death

what was interesting in the New Mexico case Waldo study comparing murder rates in the state before, during, and after the abolition of the death penalty in the state?

During abolition of the death penalty, murder rates were higher than either before and after it's abolition

____________ is a term used when referring to the ability or willingness of a potential juror to vote for the death penalty

Death Qualification

Name at least 3 estimator variables for faulty witness identification relating to the characteristics of the observed event:

Distance from offender, Quality of lighting, Length of exposure

Justice Douglas's personal opinion on the Furman v Georgia case: "In these three cases the death penalty was imposed, one of them for murder, and two for rape. They are here... (to determine) whether the imposition and execution of the death penalty constitute 'cruel and unusual punishment' within the meaning of the Eighth Amendment as applied to the States by the Fourteenth. I vote to vacate each judgment, believing that the exaction of the death penalty _________ violate the Eighth and Fourteenth Amendments.". He said that it ___________ by race, class, social position, etc.

Does, discriminates

The first recorded use of the death penalty was in _________

EGYPT (16th Century BC)

Social Scientists Identify 2 Types of Variables that Affect Eyewitness Accuracy:

Estimator Variables, System Variables

___________________ are not under the control of criminal justice system. They include: Characteristics of witnesses and Characteristics of observed event

Estimator variables

This is a police officers hypothetical account of what the suspect confessed by asking them questions that don't relate such as, "if you had done it, how would you have done it?" or "tell me about any dreams or nightmares that you have had?"

Fake Confession

How did the court rule in Wilkerson v Utah?

Execution by firing squad was not cruel or unusual punishment, and therefore did not break the 8th amendmnet

Asking prospective jurors whether they have had personal experiences that are similar to those that will appear in the trial may be a better indicator of their openness to an argument than asking about their affiliations and attitudes.

Experiential Questions

Do they have any experience with "blackouts", the short and long-term effects of drugs or alcohol, mental illness, or mental retardation? This would be an example of an __________________

Experiential question

What's the importance of the Atkins v Virginia case?

Extends evolving standards of decency interpretation of the 8th amendment to include mental retardation

The Voir Dire is always handled only by the judge. True or False

FALSE

The decision of the McCleskey v Kemp 481 U.S. 279 case was made on a 5-4 vote in which

Fact of racial bias in the death penalty is not disputed; however, it couldn't be proved there was racial bias in McCleskey's case. Execution resumed.

In the Weems v US case, the sentence of Cadena Temporal was not seen as a violation of the 8th amendment. True or False

False, Cadena Temporal is a violation of the 8th Amendment

In "A Crime of Insanity" Ralph had not been labeled competent to stand trial. True or False

False, He had been labeled competent to stand trial

Southern Baptist highly oppose the death penalty. True or False

False, Highly favor

In "Confessions", Daniels polygraph came back as negative. True or False

False, Police told him it came back negative but in reality he had passed the polygraph test

In "confessions", when DNA evidence was found showing Daniel's DNA didn't match they let him go. True or FAlse

False, They still believed he was involved but felt that he had an accomplice

American Catholics support the Death Penalty. True or False

False, don't support death penalty

Blashpemy is not a death-eligible crime in the Bible. True or False

False, is death-eligible

Desecration of the Sabbath is not a death worthy crime. True or False

False, is death-eligible

Most lynching occur outside of death penalty states. True or False

False, most occur in death penalty states

In 1993, the US Supreme Court held that the Constitution protects prisoners from execution if there is new evidence of innocence. True or False

False, they ruled the constitution doesn't protect prisoners from execution even if new evidence arises

All Homicide is murder but not all murder can be homicide True or False

False. All murder is homicide, but not all homicide is murder

Beccaria, the "____________" (1764) opposed the death penalty and argued that capital punishment is neither a useful nor a necessary form of punishment.

Father or Deterrence Theory

What's the importance of the Witherspoon v Illinois Case?

First case to consider the process of "death qualification" based on having scruples about the death penalty

________ was the first state to create new death penalty laws only a little bit after the Furman v Georgia ruling

Florida

What was decision in the case of Singleton v Norris by the 8th Circuit Court (not a US Supreme Court Case)?

Forceful medication okay when not done for purpose of execution but for other purposes

"we leave to the State the task of developing appropriate ways to enforce the constitutional restriction upon its execution of sentences" references what case?

Ford v Wainwright

The justices accepted this case in order to decide whether the Constitution prohibits the execution of the insane and, if so, to what kinds of evidentiary hearings is the condemned inmate entitled.

Ford v Wainwright

A man was convicted of murder in Florida in 1974 and sentenced to death. During his trial there were no concerns raised about his mental competence, but in 1982 he began to exhibit abnormal behavior in prison. He developed delusions about the KKK, believing that the organization, along with prison guards, had developed a complex plot against him. He thought that the guards were killing people and hiding their bodies in the prison. He also believed his family members had been taken hostage and the females were being tortured and sexually abused. He also claimed to be Pope John Paul II. What case is this?

Ford v. Wainwright

"The death penalty, as currently applied, is unconstitutional because it violates the equal protection clause of the 14th Amendment and the prohibition against cruel and unusual punishment in the 8th Amendment." Which case is this the summary of ?

Furman v Georgia

An African American man had been drinking and needed money and had just broken into a private home looking for something to steal when the father hearing a noise went into the kitchen and discovered him. He attempted to flee, and in doing so either tripped and fell on the porch causing the gun to discharge [his version], or fired a shot through a closed door on purpose [prosecutor's version] killing the father. He was convicted of murder and sentenced to death. His defense lawyers claimed he was in need of psychiatric help

Furman v Georgia

Until the ___________ case, the Court never confronted squarely the fundamental claim that the punishment of death always, ... is cruel and unusual punishment in violation of the Constitution.

Furman v Georgia

Furman v. Georgia is really three separate cases that are bundled together so they are heard and responded to at the same time by the Supreme Court because similar constitutional questions are being raised about the death penalty in all three cases. The three cases are:

Furman v Georgia (convicted of murder) Jackson v Georgia (Convicted of Rape) Branch v Texas (Convicted of Rape)

The last public execution that occurred in the US was in ___________ in 1937.

Galena, Missouri

________ deterrence is what most criminologist are referring to when they use the term "deterrence".

General

This is when an offender is punished for his or her crime in order to keep other members of society from committing that crime, or a similar crime, in the future. This is not done to prevent the offender from committing future crimes. Fear of punishment

General Deterrence

Who'd been the Governor of Texas while Pickett was the death house chaplain?

George W. Bush

In Dead Man Walking, how is Matthew executed?

Lethal injection

A man and a friend were hitchhiking north in Florida. Two men picked them up, and the foursome was later joined by another passenger who rode with them as far as Atlanta. The four then continued to a rest stop on the highway. The next day, the bodies of the two original travelers were found in a nearby ditch. The individual let off in Atlanta identified the man and his friend as possible assailants; they were quickly apprehended. The man was tried under Georgia's new death penalty system. He was convicted of murder and sentenced to death; the state's highest court upheld the penalty. what case?

Gregg v Georgia

In this case, a decision was made by the court that: "We now hold that the punishment of death does not invariably violate the Constitution."

Gregg v Georgia

This case established that capital punishment is constitutional under the rewritten laws using "guided discretion" and permitted the states to resume executions.

Gregg v Georgia

Every state eventually re-wrote their death penalty statutes using some form of "___________" process.

Guided Discretion

Gregg v. Georgia, Jurek v. Texas, & Proffitt v. Florida all used a version of "___________" and all three, although having significant differences, were upheld by the Supreme Court.

Guided Discretion

"to cause justice to prevail in the land, to destroy the wicked and the evil, to prevent the strong from oppressing the weak .... and to further the welfare of the people." was the goal of what leader in his creation of his law code?

Hammurabi

This code not only served as laws of governance but it also served as, a manual of instructions for judges, police, and witnesses; a handbook of the rights and duties of husbands, wives and children; a set of regulations establishing wages and prices; and a code of ethics for government officials, merchants and doctors.

Hammurabi Code

The lone witness in Ruben Cantu's case, Juan Moreno, claimed after his execution that _________________

He'd been pressured by police to identify Cantu as the shooter

Who urged Joe to tell investigators who else was involved in the crime he didn't commit?

His mother

Justice O'Connor in Penry v. Lynaugh: "It was well settled at common law that '_______', together with '_________', were not subject to punishment. . . ."

Idiots, Lunatics

What were the 3 main methods the death penalty was carried out in the Code of Hammurabi?

Impaling, Burning, Drowning

Facts of case: This man was convicted of killing his common law wife while in a drunken rage. He was sentenced to death.

In Re Kemmler

The decision in this case was that Electrocution is not a "cruel and unusual" punishment within the meaning of the due process clause of the 14th amendment.

In Re Kemmler

This is when an offender is punished in a manner that makes it virtually impossible for him or her to offend again

Incapacitation

individual situation of each case examined - mitigating circumstances

Individualization

An _________________ is a confession an innocent person makes after being coerced into believing that somehow they committed a crime even though they have no memory of committing one.

Internalized confession

In 1975 an economist,____________, published one of the first sophisticated multivariate studies of deterrence and the death penalty and this kind of research has virtually dominated the research on this topic every since. He concluded one additional execution per year might result in 7 or 8 fewer murders

Isaac Ehrlich

______________ : an eye for an eye, a tooth for a tooth, a life for a life. Appeared in early tribal societies.

Lex Talionis

In the federal death penalty case of Brian Richardson, 30 lawyers were hired to defend Richard, 20 attorneys represented inmates testifying against Richard. Prosecution took 4 years and resulted in a 9-week trial. It costed $350,000 and the verdict was ___________

Life without parole

What's the summary of the Panetti v Quarterman case?

It's a violation of 8th amendment to execute someone who, because of mental illness, understand the reasons for their execution, but doesn't understand why they're being executed.

The first woman executed in America was _______ in 1632 in the Virginia colony.

Jane Champion

"Suicide-by-Governor" was used by _______________, who killed an inmate in a Florida prison so he could be executed in 2004. This is an example of brutalization

John Blackwelder

Unvalidated or Improper Forensic Science Methods and misconduct by forensic scientists fall under one of the reasons that an innocent person may be put on death row

Junk Science

What was the main faulty evidence that put an innocent man, Cameron Todd Willingham, on death row?

Junk Science

Urukagina established reforms to combat corruption, which are sometimes cited as the first example of a __________

Legal Code

Those case characteristics that are included in statutes or determined by Court to be constitutional. Example: Premeditated murder, and mentally retarded offender

Legitimate Characteristics

_________________________ was the reason that most states changed from mandatory statues to discretionary statutes.

Jury Nullification

What are the 4 main issues relating to juries in death penalty cases?

Jury Selection, Death Qualification, Jury Instructions, Jury Decision Making

__________, a Supreme Court Justice elected by Richard Nixon who opposed the Furman decision and supported the Gregg decision, but 18 years later he said that the death penalty was unconstitutional

Justice Blackmun

"There is but one conclusion that can be drawn from all of this—i.e., the death penalty is an excessive and unnecessary punishment that violates the Eighth Amendment...." Which justice said this regarding the Furman v Georgia case?

Justice Marshall

_____________ wrote the longest opinion in the Furman Case including tables and charts to support his points. He is also the Justice most in favor of complete abolition of the death penalty.

Justice Marshall

"....In the first place, it is clear that these sentences are 'cruel' in the sense that they excessively go beyond, not in degree but in kind, the punishments that the state legislatures have determined to be necessary, Weems v. United States.""These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual." When referring to the ruling of the Furman v Georgia case, which justice said these things?

Justice Stewart

In the Exonerated, Sonia "Sunny" Jacobs was arrested and convicted after being accused falsely of _________

Killing 2 police officers

In the Frontline report, "Confessions", 4 US sailors were falsely convicted and coerced into making false confessions to _____________________

Killing and raping a sailors wife

In the Exonerated, Gary Gauger was arrested and accused of ___________________

Killing his parents

Matthew is being sentenced to death for what in Dead Man Walking?

Killing two teens and raping one

During the reign of ___________ in the 16th century AD, 70,000-72,000 executions were were carried out in England

King Henry VIII

Marrying a Jew or cutting down a growing tree would be punishable by death under _________

King Henry VIII

In colonial period, ___________ handled executions.

Local law enforcement (sheriff, police chief, constable)

This case determined that death penalty statutes must allow for the consideration of mitigating factors

Lockett v Ohio

Question: Is it constitutional to remove prospective jurors at the guilt phase whose opposition to the death penalty would impair their ability to perform their duties in the sentencing phase of a capital trial? This refers to what case?

Lockhart v McCree

The judge at voir dire removed for cause, over respondent's objections, those prospective jurors who stated that they could not under any circumstances vote for the imposition of the death penalty - that is, so-called "Witherspoon-excludables" under the principles of Witherspoon

Lockhart v McCree

The origins of the death penalty can't be determined, in other words its origin is _________

Lost in Antiquity

Facts of Case: An African-American teenager was convicted of killing a local white druggist in Louisiana. The trial was quickly conducted with little evidence admitted and minimal defense. He was sentenced to death. When he was put on the electric chair he felt a jolt of electricity, but he did not die. Lawyers came forward claiming that the second attempt to execute via the electric chair violated due process, double jeopardy, and cruel and unusual punishment

Louisiana ex rel. Francis v Resweber

The court ruled that in this case carrying out a second execution after a failed first attempt due to mechanical malfunction does not violate the "cruel and unusual" clause of the 8th Amendment or the double jeopardy clause of the 5th Amendment of the Constitution.

Louisiana ex rel. Francis v Resweber

The court ruled that in this case since their was an accident with the mechanics of the electric chair, for which no man is to blame, the execution may be attempted again

Louisiana ex rel. Francis v Resweber

But what does going after unsolved homicides have in common with the death penalty?

MONEY

Roberts v. Louisiana and Woodson v. North Carolina both used "____________" and they were both rejected by the Supreme Court.

Mandatory sentencing

A black man, and three accomplices attempted to rob a furniture store in Atlanta, Georgia. An employee hit a silent alarm which was answered by a white police officer who was shot and killed. Several weeks later, when police arrested the man on another charge, he confessed to the robbery. At his trial, he was identified by one of the accomplices as the individual who had killed the officer.

McCleskey v Kemp 481 U.S 279 (1987)

The importance of this case was that a study finding racial bias in the application of the death penalty in general doesn't prove bias in a specific case.

McCleskey v Kemp 481 U.S. 279

Hammurabi's Code. Code 206: "If during a quarrel one man strike another and wound him , then he shall swear, 'I did not injure him wittingly,' and pay the physician." This is an early example of ________

Mens Rea

What's the importance of the Penry v Lynaugh case?

Mental retardation raised as a mitigating factor and judges should inform jury of their (Defendant's) condition, doesn't exclude them from DP still

What are the 3 "sticky" problems of the death penalty?

Mentally ill, Mentally Deficient, Juvenile Cases

Most of the earliest laws that we know of are traced to the Sumerians in Sumer, part of ___________

Mesopotamia

In addition to proportional retribution Bedau says we should use the least restrictive means of punishment possible in order to achieve the goals of punishment.

Minimal Invasion Principle

Every since ALI's earliest report the states have looked to the ______________ anytime they were rewriting any of their criminal statutes because ALI recommendations are well written and have tended to hold up under U.S. Supreme Court review.

Model Penal Code

What's the importance of the Lockhart v McCree Case?

Modifies Witherspoon, which occurred before the bifurcated trial process, so that those who'd refuse to give a death sentence ever can be excluded.

Question: Does a trial court's refusal to ask prospective jurors whether they would automatically impose the death penalty upon defendant's conviction ("Reverse Witherspoon") violate the due process clause of the Constitution? This refers to what case?

Morgan v Illinois

The bifurcated trial of a capital offense in Illinois is conducted in two phases, with the same jury determining both guilt and sentence. The Court followed the State's request that the court ask the jurors whether they would automatically vote against the death penalty regardless of the facts of the case. However, the court refused the defendant's request to ask if any jurors would automatically vote to impose the death penalty regardless of the facts. The man in the case was convicted and sentenced to death. The State Supreme Court affirmed, ruling that a trial court is not required to include in voir dire a "life qualifying" or "reverse-Witherspoon" question upon request of the defense.

Morgan v Illinois

King Hammurabi of Babylon developed a code of laws and assigned the death penalty to 25 (or 36, or 37)12 different crimes, but strangely ______________ was not one of them

Murder

What were the findings in the study by Karl Shuessler comparing murder rates in non-death penalty states and murder rates in death penalty states

Murder rates in death penalty states were higher than murder rates in non-death penalty states

In the Colonies, Pennsylvania had death penalty only for _______ & _______

Murder, Treason

In 2007, time and cost led to _____________ becoming the first state to ban executions since the U.S. Supreme Court reinstated the death penalty in 1976.

New Jersey

In Dead Man Walking, Helen is a _______ who is trying to prove death row inmate Matthew's innocence

Nun

_____________ individuals on death row who were completely uninvolved in the crime for which they were convicted, or they were convicted for a crime that did not occur.

Officially exonerated

What was the importance of the Stanford v Kentucky case?

Okay to execute 16-17 year olds, and gave individual states power to establish minimum age for the death penalty

Code of the Hittites had 3 crimes worthy of the death penalty:

Opposing the kings judgement, Opposing a lords judgement, If a slave rose up against their master

Summary of this case: The right to have counsel appointed is a logical corollary from the constitutional right to be heard by counsel. In a capital case, where the defendant is unable to employ counsel, and is incapable of making his own defense, it is the duty of the court, whether requested or not, to assign counsel for him as a necessary requisite of due process of law.

Powell v Alabama

A man killed his wife's parents but despite a long history of severe mental illness (12+ involuntary commitments) an insanity defense was not used at his trial.After an execution date was set his attorney filed a motion saying he was not eligible for execution because he was insane. He believed the state was carrying out the wishes of the devil to keep him from preaching. Lower courts rejected his appeals but the U.S Supreme Court accepted the case. What case/

Panetti v Quarterman

This man's lawyers argued that he knew that Texas wanted to execute him because he had killed his in-laws, but he believed the state and the devil were working together to prevent him from preaching the word of God. The Court ruled the lower court's competence test for execution was 'too restrictive'. Not allowing for consideration of inmate's 'rational' understanding was unconstitutional. In what case had this been the decision?

Panetti v Quarterman

A Livingston, Texas woman was raped and stabbed with a pair of scissors by an intruder. She was able to provide a description of her assailant before she died. A 22-year-old man who had recently been released from prison where he was serving a sentence for rape was arrested and gave two incriminating statements. Authorities charged him with capital murder. What case?

Penry v Lynaugh

In this case, it was found that the man who had been sentenced to death for murder and rape had and IQ of 54 and he had the intellectual level of a 6½-year-old.

Penry v Lynaugh

The ruling upheld the execution of defendants with mental retardation, but struck down the way that Texas courts considered the issue. It is constitutional to impose the death penalty on a mentally retarded defendant who has the ability to reason. But if the defense requests jury instructions concerning mental retardation as a mitigating factor such requests must be granted. This had been the summary of what case?

Penry v Lynaugh

In the Batson v Kentucky Case, the decision ruled in a 7-2 vote it was ruled that ____________________________

Peremptory challenges can't be used to remove potential jurors based on race. And, that excluding jurors by race violates rights of defendants and jurors.

Riding in an open car on a freight train traveling through Alabama on March 25, 1931, were nine young black men, seven young white men, and two white women. During the journey, the young men got into a fight, which ended with the white men either jumping off or being thrown off the train. When the train reached Paint Rock, a sheriff's posse arrested the blacks, who ranged in age from twelve to twenty, and jailed them in the county seat of Scottsboro. The two women first ran from the posse but after they were caught claimed they had been raped by the black youths. A hostile, crowd gathered to harass the alleged assailants, and extra security personnel were needed to prevent a lynching. All but 1 sentenced to death. No lawyer came to their defense. What case?

Powell v Alabama

What laws are the first laws listed in Hammurabi's code?

Perjury laws

Why was innocent man Ruben Cantu executed falsely?

Police misconduct

Why did the sailors confess to the murder even though none of them had committed the crime?

Police misconduct during interrogation process

Urukagina compelled the city to pay funeral expenses for __________

Poor People

This case paved the way for one of the most important court decisions affecting the rights of the accused. It precedes Gideon v. Wainwright by 33 years in terms of an indigent offenders right to an attorney. Prior to this decision a defendant could receive the death penalty without any form of meaningful legal counsel

Powell v. Alabama, (frequently referred to as the "Scottsboro Boys' Case")

This case determined that the jury must find at least one aggravating factor before the sentence can be death.

Presnell v Georgia

Immanuel Kant is associated with what idea?

Principle of Equality

Retribution along with Balancing the scales of justice =

Principle of Equality

The worst offenders should get the most severe punishment that the society has, but society should not try to replicate the type of harm the offender committed

Proportional Retribution

_________________ depends on a ranking of the severity of the punishments and a ranking of the seriousness of the crimes

Proportional retribution

Those case characteristics that are rarely used or determined by court to be unconstitutional. Example: favoring only the death penalty, or never under any circumstance voting for death.

Questionable Characteristics

What was Frank Lee Smith accused falsely of that put him on death row:

Rape and Murder of an 8 year old girl in Florida

What does Matthew admit to Helen right before his execution?

That he lied, and that he really did kill and rape those kids

____________ involves changing the offender in some manner so that he or she will be less likely to re-offend in the future. This is done by improving his or her personality, character, skills, or abilities through anger management, drug rehabilitation, psychological or psychiatric assistance, education, job training, etc.

Rehabilitation

In a 6-3 vote, how did the Supreme Court rule in the Witherspoon v Illinois case?

Removing prospective jurors solely because they express scruples against the death penalty violate rights of due process and an impartial jury

The offender is to be punished in an amount that is equivalent to the harm done by the wrong-doing.

Retribution

______________ links punishment to moral wrongdoing, justifying the practice on the grounds that it gives wrongdoers what they deserve; the focus is on the intrinsic wrongness of crime that requires punishment by its very existence

Retributivism

lex talionis, just desserts, and "repayment" are all examples of ____________

Retributivism

Who was the mayor who approved Cameron Todd Willingham's execution?

Rick Perry

A boy (age 17) and another teenager entered the victim's bedroom and killed her. He was soon arrested, and confessed almost immediately. The boy was tried as an adult and the prosecution sought the death penalty. The jury found the presence of three aggravating factors and, over the defense's plea for mercy based on the boys age and other mitigating factors, recommended a sentence of death.

Roper v Simmons

The 8th Amendment prohibits the death penalty for individuals who are under the age of 18 at the time of the offense. What case is this the summary of?

Roper v Simmons

This is the capstone to the 3 cases concerning juveniles and the death penalty. It also continues the "evolving standards of decency" interpretation of the 8th amendment that ties together juvenile, mentally retarded and mentally ill issues concerning the death penalty. This is the importance of what case?

Roper v Simmons

In "A Crime of Insanity" what illness did Ralph suffer from?

Schizophrenia

In the study by Karl Shuessler comparing murder rates in non-death penalty states and murder rates in death penalty states, what would be the best solution so that death penalty and non-death penalty states could be compared in a way that other factors can't influence findings?

Select similar states to compare

In the 60 minutes report, why did the woman who had been raped identify and believe that the person who raped her was the person who didn't do it, but couldn't recognize the true rapist when he was right in front of her?

She was given pictures and a line up of only a few men, and she assumed one of the men shown had to be the one and the one who didn't do it looked like the one who actually did do it.

What was Ruben Cantu accused of?

Shooting off-duty police officer

The execution rate in the country of __________ in the 1994-96 period is the highest recorded execution rate for any time or any place in the world!

Singapore

A man became psychotic while on death row and was able to control the psychosis with medication, but he refused to take it. A review panel decided that he should be forcefully given medication because he was a danger to himself and others. He argued that he could not be forcefully medicated just for the purpose of execution. What case?

Singleton v Norris

It is not a violation of the 8th Amendment to execute a person who became insane while on death row, but became sane again by being forcefully medicated against his will, if the medication is administered for legitimate reasons other than execution. What case?

Singleton v Norris

Why were discretionary statutes started in the South?

So Southern juries could distinguish between whites and blacks in death penalty sentences

A boy, age 17, and an accomplice stole cigarettes, gas and a small amount of money and then murdered the gas station attendant. Because of his past juvenile record he was certified to stand trial as an adult. He was convicted of murder and received a death sentence.

Stanford v Kentucky

JUSTICE DOUGLAS, JUSTICE BRENNAN, JUSTICE STEWART, JUSTICE WHITE, and JUSTICE MARSHALL have filed separate opinions in _________ of the Furman v Georgia judgments.

Support

The importance of the Thompson v Oklahoma case was that ___________________.

Supreme Court had not established a minimum age for execution prior to this case.

Hammurabi Code. Code 229: "If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death." Code 230: "If it kill the son of the owner the son of that builder shall be put to death." Code 230 is an example of what?

Sympathetic Punishment

In a preliminary finding by the _____________, it was found that Cameron Todd Willingham was convicted and executed of a crime he didn't commit based on faulty reasearch

Texas Forensic Science Commission

What was the summary of the Gregg v Georgia case?

The Death Penalty is constitutional as a form of punishment

"Florida law directs ___________, when informed that a person under sentence of death may be insane, to stay the execution and appoint a commission of three psychiatrists to examine the prisoner. . . ."

The Governor

Importance of American Law Institutes (ALI)Contribution in Gregg Decision:

The Model Penal Code

In a 6-3 vote, what was decision made by the Supreme Court in the Morgan v Illinois Case

The due process clause of the 14th Amendment requires that, if requested by the defendant, prospective jurors must be questioned regarding whether they would automatically impose the death penalty if they find the defendant guilty.

In the case of Ruben Cantu, the lone witness Moreno, recanted his testimony that Cantu was the shooter saying ____________

The police told him Cantu had done it

In the Penry v Lynaugh case,"Penry argues that his mitigating evidence of mental retardation and childhood abuse has relevance to his moral culpability ... and that the jury was unable to express its "reasoned moral response" to that evidence in determining whether death was the appropriate punishment." How did the Jury rule with this claim?

They agreed since they (The jury) hadn't been informed he was insane; but they (the jury) couldn't conclude that the 8th Amendment prohibited execution of mentally retarded, for that reason alone

A man and three accomplices killed another mans brother-in-law. Although only age 15, prosecutors charged him as an adult and asked for the death penalty. The jury found an aggravating circumstance and gave him the death penalty. The U.S. Supreme Court agreed to hear the case.

Thompson v Oklahoma

The execution of a person under the age of 16 at the time of the offense is prohibited by the 8th and 14th Amendments. What case is this the summary of?

Thompson v Oklahoma

In the "Looking Death-Worthy" study, it was found when there was a white victim and a black defendant, ___________________

Those who appeared more stereotypically black were most likely to receive the death penalty

Whites favor the death penalty more than Blacks under each of the three conditions:

Told that blacks executed more often, high % of whites favor death penalty, and a lower % of blacks do too

A twenty-year-old U.S. army private on May 22, 1944 escaped from the stockade where he was in confinement for a previous breach of discipline. By the next day he had reconsidered what he had done and returned to the stockade. He was subsequently convicted by court martial for desertion. He was sentenced to three years at hard labor, forfeiture of pay, and a dishonorable discharge. He also had his citizenship revoked under the Nationality Act of 1940

Trop v Dulles

In this case, it was ruled that The government can't take away a person's citizenship (expatriation) based solely on the commission of a crime.

Trop v Dulles

The challenge that loss of citizenship was a violation of the cruel and unusual punishment clause of the 8th Amendment was brought up in what case?

Trop v Dulles

"Research shows that death-qualified jurors are less concerned with due process and more inclined to believe the prosecution than are excludable jurors. Death-qualified jurors ... have more misconceptions about the death penalty and the death-sentencing process than do excludable jurors" True or False

True

Amnesty International opposes the Death penalty in all cases without exception. True or False

True

An Austin scientist discovered that there was no evidence of arson regarding Willingham's case, but he was rejected. True or False

True

Attacking one's father or mother is a death-eligible offense in the Old Testament. True or False

True

Contempt in court is a death-eligible offense in the Old Testament. True or False

True

Death penalty in the Bible requires the offender to have had multiple witnesses see his crime not just one. True or False

True

Death-qualified jurors are less likely to believe an innocent person could be convicted of capital crimes. True or False

True

Direct observation of jury deliberations by a social scientist is prohibited by federal law. True or False

True

Executions were rare - 162 (or 187?) from 1608-1699. True or False

True

However, comparing the raw number of executions in the 17th & 18th centuries combined (162 + 1,391 = 1,553), with the executions in the U.S. in the decade of the 1930's (1,676), makes the number of executions in the colonies still appear fairly low. True or False

True

In Urukagina's Code The death penalty,per se,is not mentioned -nor is murder. True or False

True

In confessions, after Omar Ballard admitted to acting alone in raping and murdering the Norfolk sailors wife, all 4 men were still convicted. true or false

True

Texas's attorney general Greg Abbot ruled that the Texas Forensic Science Commission had no authority to investigate Willingham's case further to see if Texas had executed an innocent man. True or False

True

The American Society of Criminology opposes the death penalty. True or False

True

The Old Testament says that disobeying one's parents is a death-eligible offense. True or False

True

The concept of retribution doesn't require the death penalty. True or False

True

There is no longer a capital punishment statute in the Model Penal Code. True or False

True

Witchcraft is punishable by death in the Old Testament. True or False

True

The first written laws appear to have been written by the ruler ____________, of the city-state of Lagash in Sumer.

Urukagina

Preventing crime, reducing the harm caused by crime, or compensating the victim or society are examples of ________________

Utilitarianism

_____________ justifies punishment in terms of the balance of good over evil and thus focuses our attention on extrinsic benefits obtained from the punishment.

Utilitarianism

There are 2 major philosophical approaches to punishment:

Utilitarianism, Retributivism

The only time the attorneys can talk back and forth with the jurors is during the jury selection process called the _____________

Voir Dire ("To speak the truth")

During the Middle Ages the death penalty was used less in England than in the rest of Europe. The death penalty was used very seldom in the 11th century A.D. in Great Britain because King Canute (1016-1035) applied it to few crimes and William the Conqueror (1066-1087) prohibited the use of the death penalty except during __________ (Kronewetter, 2001, p. 14; & History of the Death Penalty).

Wartime

In this case, a disbursing officer with the United States Bureau of Coast Guard and Transportation was stationed in the Philippines during the time the islands were under the control of the United States. He was charged under Philippine law with falsifying a public and official document, the cash book of the captain of the Port of Manilla, with intent to defraud. He was convicted and sentenced to fifteen years of cadena temporal and a fine. The sentence was upheld by the Philippine Supreme Court. The officer challenged the sentence as being cruel and unusual punishment under the 8th amendment

Weems v United States

The principle that the definition of "cruel and unusual" punishment was not static but could change to reflect societies changing views was established in this case.

Weems v United States

The highest percentage of people executed since 1976 at 56% have been _________

White

Urukagina exempted ________ and _______ from taxes

Widows, Orphans

Facts of Case: After a jury trial this man was convicted of first-degree murder in the Utah Territory (before statehood). The trial court judge sentenced this man to death and ordered that he "be publicly shot until you are dead." This man challenged the sentence. Utah territorial law did not specify a method of execution, leaving that decision to the discretion of the trial court judge. This man claimed that the common method of execution at that time was by hanging, making the firing squad a cruel and unusual punishment under the ________ Amendment. name the case and the amendment

Wilkerson v Utah 8th Ammendment

The three earliest death penalty cases that the U.S. Supreme Court decided were:

Wilkerson v Utah 1878, In Re Kemmler 1890, Louisiana ex rel. Francis v Resweber 1947

87% of criminology presidents said they either think, or are sure, that abolishing the death penalty _________ have any significant effect on the murder rate, compared to 46% of the general public.

Will not

A man was sentenced to death for the murder of a police officer in Illinois. The man challenged his conviction and sentence on the grounds that he was not tried by a fair jury.

Witherspoon v Illinois

In this case, a man questioned the Illinois jury selection statute which permitted the prosecution to challenge for cause any prospective juror who had conscientious scruples or any concerns about capital punishment.

Witherspoon v Illinois

Name at least 3 estimator variables for faulty witness identification relating to the characteristics of the witness:

Witness Intoxication, Witness Eyesight, Witness Stress

In innocent man Frank Lee's Smith's case, what caused him to be put on death row?

Witness misidentification by the victim's mother

The ruling that statutes with mandatory death sentences are unconstitutional was ruled upon in what case?

Woodson v North Carolina

Following __________ there was a large decline in the use of the death penalty around the world. Many countries abolished it completely or greatly restricted its use.

World War II

Who are the 4 types of people most likely to make an internalized confession?

Young, Mentally ill/challenged, Poor, uneducated

Prosecutors said Willingham confessed he started the fire to ____________

a jailhouse inmate

Berk says that the entire deterrence relationship for the U.S. is created by __a__ of the 1,000 observation points. If these __a__ points are removed there is a counter-deterrent rather than a deterrent relationship.

a. 11

The most women ever executed in one year in the U.S., including modern times were ____a____ in the year ____b____. Most of these executions came out of what event?(c)

a. 14 b.1692 c. Salem Witch Trials

In ___a___, _____b_______ became the first juvenile executed in America at age 16

a. 1642 b. Thomas Graunger

Judge Donald McCartin is a former California Judge who was a staunch supporter of the death penalty. He had sent ___a___ men to death row. He got the nickname ________b______. He would later say that it was a waste of time and money and become a activist in ending the death penalty

a. 9 b. The Hanging Judge of Orange County

In _______(a)_________, the Supreme Court ruled that if a pattern of discrimination emerged during peremptory strikes, lawyers must provide nonracial reasons for their strikes. Unfortunately, the reason does not have to be "________(b)__________" the Supreme Court ruled in Purket v. Elam

a. Batson v Kentucky b. Persuasive or even plausible

Several methods of execution had been used in the colonies and carried over into the states, but _____a_______ was clearly the most common. Methods of execution later changed in the late 19th to early 20th century to a more humane method of execution _____b_______

a. Hanging b.electric chair

An ABA team studying Florida's death penalty process in 2006 found large percentages of jurors _____a______ the law and their role in deciding death cases. Also, 25 percent had the misconception they ___b___ recommend death if they thought a defendant might be a danger to society

a. Misunderstood b. had to

_____a_____, age ___b___, in ____c_____, was the youngest person executed in the 17th and 18th centuries

a. Ocuish Hannah b. 12 c. 1786

In Leviticus 24:21, it says "Whoever kills an animal must make ___a__, but whoever kills a man must be _____b_____."

a. Restitution b. Put to death

(a) In "A Crime of Insanity", what did the defendant, Ralph Tortorici do that got him arrested? (b) What was his defense?

a. Took a college lecture class hostage b. the government put a microchip in his penis and he was looking for the president

After being told that "too many innocent people are being executed", the view of whites ______(a)________ and Blacks ____(b)_______

a. barely change b. change even more

"Jury Instructions" are normally given ____a___ the guilt phase and _____b_____ the guilt and sentence trials after all the evidence has been presented and the prosecutor and defense have rested their case.

a. before b. between

Since 1976, 93% of _____(a)______ defendants who killed _____(b)______ victims were executed.

a. black b. white

Dezhbakhsh and Shepherd (2006) looked at the impact of the Illinois and Maryland moratoriums and said that executions ____a______ murder and that murder rates _____b_____ substantially during the moratoriums.

a. deterred b. increased

Deterrent relationship exists for entire U.S. Shepherd estimates that in the ____a____ states approximately 336 lives will be saved every year with death penalty.But in the _____b____ states approximately 268 innocent lives are lost every year.

a. deterrence b. brutalization

In general, more of the studies conducted by economists have found a _____a______ relationship, and studies conducted by everyone else (including some economists) have a ______b______ relationship

a. deterrent b. non-deterrent

In Ehrlich's study, "____a______" indicates the percentage of change in the murder rate that can be expected from a 1% change in the execution rate. Ehrlich's highest _____a_____ was ___b______

a. elasticity b. -.068

Joanna Shepherd, "Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States" Shepherd notes that in general, studies using the entire U.S. ____a______ and those that use states, cities, counties or other populations ______b________.

a. find a deterrent effect b. fail to find a deterrent effect

Shepherd's findings are quite interesting. There is a ___a____ (deterrent) relationship in 6 states, ___b____ relationship in 8 states, and a ______c______ relationship in 13 states!

a. negative b. no c. brutalization

Justice Marshall in Ford v. Wainwright: "Today, no State in the Union permits the execution of the insane.... we may seriously question the retributive value of executing a person who has no comprehension of why he has been ...stripped of his fundamental right to life.... "Whether its aim (is) to _____a________ from fear and pain without comfort of understanding, or to ______b________...."

a. protect the condemned b. Protect the dignity of society itself

Finckenauer says distinction between retribution and revenge is based on who-pays-who - if offender "repays" society it is ___a___, if society "repays" the offender it is _____b_____.

a. retribution b. revenge

Prosecutors charged that Willingham set the fire and killed the children in an attempt to cover up ____________

abuse of the girls

18% of criminology presidents _________ with the statement, "If the period of time on death row was reduced significantly, there is reason to expect that the death penalty would deter more homicides than it does today."

agreed

29% of the criminology presidents ________ with the statement, "the presence of the death penalty tends to increase a state's murder rate rather than to decrease it."

agreed

In the _____________, jury verdicts are sampled from court records and analyzed statistically to describe longitudinal trends, geographic variations, and to identify relations between verdicts and case characteristics.

archival analysis approach

In Exodus 22:19 it says, "Anyone who has sexual relations with an animal must ______________."

be put to death

The Singapore murder rate declined four years _______ the large spike in executions in 1994-96.

before

Mock jury studies have found that white jurors are more likely to impose the death penalty when defendants are ____________________ and that these jurors tend to supply "stereotype-consistent" justifications for their sentences

black rather than white

The defense in McCleskey's death row trial case based its defense on a study by David Baldus that showed ________________

blacks convicted of murdering whites received death sentences at a much higher rate than whites who murdered blacks

In Genesis 9:6, it says, "Whoever sheds the blood of man, _____________________; for in the image of God has God made man

by man shall his blood be shed

This law allowed for imprisonment for twelve to twenty years under conditions of hard and painful labor, during which time the inmate would always be chained from wrists to ankles and could receive no assistance from outside the prison. In addition to prison time, the sentence included other penalties that would be in place for the rest of one's life. These penalties deprived one of personal and civil rights, including restrictions on exercising marital and parental authority, the forfeiture of retirement pay, and the loss of the right to vote or hold public office.

cadena temporal

The problem with equality retribution, or lex talionis, is that ___________________

can't be used for most crimes

House Bill 1274 proposes to abolish the death penalty in the state of Colorado and use the funds saved on capital punishment to pay for a newly formed ______________ at the Colorado Bureau of Investigation (CBI).

cold-case unit

______________ confessions can include lies the suspect tells interrogators in order to go home, believing the police will see inconsistencies in their story, and confessions produced from stress, fatigue and lack of sleep

compliant

In a 5-4 ruling by the Supreme Court on the Furman v Georgia case, after the Petitioner ... was convicted of murder in Georgia and was sentenced to death.... Certiorari was granted limited to the following question: "Does the imposition and carrying out of the death penalty in [these cases] constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?" The Court holds that the imposition and carrying out of the death penalty in these cases _____________________________

constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The judgment in each case was reversed

In cases that involve amnesia, ___________ might tap the experience of waking up in the morning and being unsure if you had spoken to someone on the telephone during the night or if you only dreamed about having that conversation.

experiential questions

Shepherd says there is a threshold effect. In states with less than 9 executions in the time period of the study (1977-1996) executions _________ murders (brutalization).

decrease

After fourteen years on Florida's death row, Frank Lee Smith ___________________

died of Cancer before being exonerated on DNA evidence for murder and rape

79% of criminology presidents ________ that states which have had the death penalty have had lower murder rates than neighboring states which did not have the death penalty, whereas only 37% of the general public thought this.

disagree

Donahue and Wolfers (2006) completed a comprehensive re-analysis of most of the studies just mentioned, as well as some others, and found similar problems to those found with Erhlich's study. When minor changes are made in any of these studies (years used, variables used, data transformations, etc.) the deterrent effect _________________________

disappears or becomes a counter-deterrent effect.

A ________________ let juries and judges make some distinctions in terms of which capital crimes were more serious than others and therefore more deserving of the death penalty.

discretionary statute

In MICHAEL L. RADELET & RONALD L. AKERS study of Criminology presidents 84% said the death penalty ________ deter murder

doesn't

In the Fox News study by Ed Barnes, he said, "Since 1983, taxpayers in New Jersey have paid $253 million more for death penalty trials than they would have paid for trials not seeking execution — but the Garden State has yet to ______________"

execute a single convict

In cases that involve dissociation type behaviors there might be _______________ that tap more commonly occurring dissociative-like experiences such as "road hypnosis" that occurs when people drive long distances, turning pages of a book without being aware of what was read, or "spacing out" in school or at work.

experiential questions

There might be ___________ that tap both personal experiences of abuse, neglect, rejection, etc., or familiarity with others who have suffered those experiences.

experiential questions

The original version of Urukagina's Code has been found. true or false

false, has not been found

Five major forms of punishment were used in the Hammurabi Code:

fines, mutilation, branding, exile or banishment, and death.

Utilitarianism is the focus on what society _____________ from punishing the offender, (i.e., deterrence, incapacitation, rehabilitation, monetary repayment)

gains

A mandatory statute meant that anyone convicted of a capital crime _____________

had to receive the death penalty

Despite fluctuations in executions in Singapore, the murder rates for the two cities, year by year, were virtually the same for the last 30 years. Both had steady declines over the past 30+ years so that the current rates for both are less than 1.0. But some support for deterrence can be found because the lowest murder rate for Singapore is 1996 when the execution rate is __________

highest

88% of all people executed in the Colonies during the 17th century were _________

hung

Execution is a form of __________

incapacitation

In the definitions of innocence on death row, most of the definitions means that the defendant ____________

is not guilty of a "Death Eligible" offense

It is up to the ______ to decide if there was deliberate discrimination in the exclusion

judge

Degrees of murder were created to deal with __________

jury nullification

Many prosecutors and defense attorneys say that most cases are won or lost in the _________________.

jury selection process

In the Exonerated, Kerry Max Cook was arrested and accused of _____________

killing a woman he had relations with 3 months before the murder

Sanity and insanity are ______ terms

legal

Some factors effecting jury decisions (strong & moderately strong support) include the defendant being mentally disturbed, the defendant had a drug habit, and that the defendant was abused as a child. The factors above acted as aggravators, but the statutes say they should be ___________

mitigators

In the Exonerated, Delbert Tibbs was accused of ________________

murdering and raping his white girlfriend

__________ criminology presidents strongly agreed with the statement that the threat or use of the death penalty in the United States has been a stronger deterrent to homicide than the threat or use of long (or life) prison sentences, and only 5% agreed.

no

Changes in the Death Penalty in the United States Between the 17th and Early 20th Century included that most property offenses were __________

no longer capital crimes

Changes in the Death Penalty in the United States Between the 17th and Early 20th Century included religious crimes become _____________

non-capital offenses

CHIEF JUSTICE BURGER, JUSTICE BLACKMUN, JUSTICE POWELL, and JUSTICE REHNQUIST have filed separate opinions in _____________ of the Furman v Georgia judgements

opposition

The primary evidence leading to Willingham's arrest and conviction was the result of __________________, which determined that the fire had been started using some form of liquid accelerant.

police inspections after the fire

There is a strong correlation between _______________ and support for the death penalty.

racial prejudice

Changes in the Death Penalty in the United States Between the 17th and Early 20th Century included sexual crimes becoming non-capital punishment, besides ________

rape

Why Does the Death Penalty Cost So Much More Than LWOP?

requires more time and resources at every level of the process.

In their legal code, the Hittites rarely resorted to the death penalty or to bodily mutilation as punishment for breaking the law. Rather than relying on retribution or vengeance, the principle for redressing transgressions was __________

restitution

In a Fox News Report by Ed Barnes, "Every time a killer is sentenced to die, a _______ closes."

school

The punishment for many of the crimes was explicitly listed in theCode of Ur-Nammu as _________

the death penalty

What did Glenn Ford threaten the Norfolk 4 with if they didn't confess?

the death penalty

In the Ford v Wainwright case, quote "Perhaps the most striking defect in the procedures ... is the State's placement of the decision wholly within the executive branch.... the person who appoints the experts and ultimately decides whether the State will be able to carry out the sentence ... is ____________...."

the governor

Most false confessions come out of _______________

the interrogation process

In Numbers 35:30, it says "Anyone who kills a person is to be put to death as a murderer only on the testimony of witnesses. But no one is to be put to death on ___________________."

the testimony of only one witness

According to the David Baldus study, 20 out of 34 defendants sentenced to die for killing a white victim would not have received a death sentence if _______________________."

their victims had been black

A prosecutor in the Purkett v Elam case explained that the reason he removed two jurors was ___________

they had beards and mustaches, which he found suspicious

Hammurabi's Code. Code 129: "If a man's wife be surprised (in flagrante delicto) with another man, both shall be ___________, but the husband may pardon his wife and the king his slaves.

tied and thrown into the water

Ruben Cantu's co-defendant had signed an affidavit saying he allowed his friend Ruben ___________

to be falsely accused

Minister Pickett one night had to actually be the one to conduct the death penalty true or false

true

Defendants who were perceived to be more stereotypically Black were more likely to be sentenced to death only _______________

when their victims were White

76% of victims of defendants who've been executed Since 1976 were ___________

white