MEOW!

How does the death penalty system established in Texas after Furman (1972) and ruled constitutional by the Supreme Court in Jurek v. Texas (1976) differ from those established in other states?

In Texas, juries consider a set of "special circumstances," including "future dangerousness" when deciding on the death sentencing. Other states follow a system of mitigating and aggravating factors in considering death sentencing.

What is the Marshall Hypothesis?

An argument made by Justice Marshall positing that support for the death penalty would decrease if the public had greater knowledge of the facts surrounding the death penalty.

What makes a jury "death qualified?"

That members of the jury are capable of sentencing a person to death, but not destined to do so, nor destined not to do so.

True or False: The nation's homicide "hot spots" are NOT where the executions are concentrated.

True

These states have established death penalty systems with mandatory death sentencing schemes. The Supreme Court ruled that these systems were unconstitutional.

North Carolina and Louisiana

Describe the "guilt" phase (the first trial) in the bifurcated trial process.

The burden of proof is on the state to convince the jury beyond a reasonable doubt that the defendant committed the crime.

In which decade did homicides peak in the United States?

1990's

What regions of the country have the highest homicide rates?

The Mississippi Delta and the Mid-Atlantic Corridor

Examples of what are grounds for appealing a death sentence ruling include:

- Suppressed or newly discovered evidence

- Ineffective assistance of counsel

- False instructions to the jury

Capital trials typically involve a process by which the district attorney:

informs the court that they intend to seek death.

In what case did the Supreme Court ignore statistical evidence demonstrating disproportionate death sentencing based on the race of the offender and the victim?

McCleskey v. Kemp (1987)

What was the central finding from the 2014 study by John Donahue titled "An Empirical Evaluation of the of the Connecticut Death Penalty since 1973"?

That the egregiousness of the crimes committed does not predict who gets a death sentence.

True or False: There is little difference in the rate of homicide per population in executing and non-executing states.

True

In the wake of a homicide, the death penalty is most likely to be imposed if the victim is a ______________.

White Female

What group did the Court decide was ineligible for the death penalty in Atkins v. Virginia (2002)?

Those with severe intellectual deficiencies.

If ______________ were a state it would rank second in executions after Texas.

Harris County, TX (Houston).

True or False: There is a strong correlation between high homicide rates and high execution rates

False

Why are death sentences geographically concentrated, according to the book and lecture?

Some jurisdictions are more likely to seek death.

Which of the following is the most common aggravating circumstance across states in the US?

Defendant Criminal History

After being sentenced to death and placed on death row, the most common disposition (final outcome) is ______________:

to have the death sentence vacated on appeal (overturned) and replaced with life in prison

Focusing on finalized cases (that is, not including those where the person remains on death row today), about ___ percent of defendants who are sentenced to death are actually executed

25%

In the post-Furman period, which state has executed a higher percentage of the inmates it sentenced to death than any other state?

Virginia

The Supreme Court case challenging the constitutionality of long delays in the period between a death sentence and an eventual execution was:

Lackey v. Texas (1995)

The increase in time from crime to execution stems from:

lengthier appeals

The death penalty system is self-reinforcing, meaning that:

Counties that imposed capital punishment more in the past are more likely to impose in the future

The only state that has not seen a dramatic rise in the time from crime to execution is:

Virginia

A De-facto abolitionist state is a state that:

has the death penalty as a legally valid form of punishment however it is never imposed

Which demographic characteristics of a homicide case render the death penalty the most likely:

Black offender kills white female victim

What has been the most common method of execution in US history? (from colonial times to the present)

Hanging

____ and ____ fought a fierce battle over whether alternating current (AC) or direct current (DC) would be used to execute inmates, as neither wanted his new electrical system to be thought of as dangerous

Edison (DC) and Westinghouse (AC)

T or F: Black inmates are overrepresented among those exonerated on death row

True

T or F: In Herrera v. Collins, the Supreme Court stated clearly and unequivocally that the constitution prohibits the execution of the innocent

False

What is one of the most common contributing factor to wrongful convictions in death penalty cases?

Official misconduct

T or F: Of all the exonerations from death row in the modern era, most are based on DNA evidence

False

What method of execution has the highest chance of being botched?

lethal injection

True or False: A "stay of execution" is a delay so that legal issues can be resolved

True

In ___, the supreme Court ruled that it is unconstitutional to execute the intellectually disabled (at the time of the ruling the Court used the term mentally r*****ed)

Atkins v Virginia

The IQ threshold for intellectual disability is

less than or equal to 70

When was the last execution in North Carolina?

2006

"Death Row Syndrome" refers to:

The mental effects of an inmate knowing they could be executed any time

The four-part test for granting a stay of execution (a delay in carrying out a court order):

- Likelihood of Success on the Merits

- Irreparable Harm

- Harm to Other Parties

- Public Interest

Stay of execution

a delay in carrying out a court order

True or False: The US Supreme Court has ruled that mental illness and intellectual disability are mitigating factors that render the defendant less culpable and therefore less deserving of the death penalty

True

Mitigating Factors

circumstances that can reduce the severity of a criminal sentence, offering reasons to lessen the punishment

Examples of common mitigating factors

- a lack of criminal history- showing remorse- acting out of necessity- having a mental or emotional impairment

True or False: In every state, a death warrant must be issued by the Governor, and only the Governor, for an inmate to be executed

False

Death Warrant

An official document authorizing the execution of a death sentence.

Typically signed by a judge or executive official

Ford v. Wainwright (1986) holds that:

Executing someone who is incompetent to understand the punishment is cruel and unusual

State moratoria on executions:

- put a stay on all current death warrants

- prevent additional death warrants from being signed

State moratoria is a:

a temporary suspension or delay of a law or activity enforced by a state government until future consideration warrants lifting said suspension

What are the most common reasons Americans give for supporting the death penalty?

- Retribution (punishment imposed [ on a convicted criminal] for purposes of repayment or revenge for the wrong committed)

- Deterrence (the act of discouraging specific behaviors, particularly criminal ones, through the fear of punishment)

When did the number of Americans supporting the death penalty peak?

1994

Where does public opinion on the death penalty stand according to the most recent polls?

It's at its lowest point since the Furman decision (1972)

Furman V. Georgia (1972)

- the Supreme Court ruled that the death penalty, as it was then applied, violated the Eighth Amendment's prohibition against cruel and unusual punishment

- led to a temporary halt on executions nationwide and prompted many states to reform their capital punishment laws

Why is it hard to draw clear scientific conclusions regarding the effects of the death penalty on homicide rates (e.g. deterrence)?

- You can't randomly assign the death penalty to states and then compare their homicide rates

- States with the death penalty are similar in other ways too

What is a suggestion made by the NRC about conducting research on whether the death penalty deters?

The death penalty needs to be compared against the alternative of LWOP rather than no punishment

What is one factor influencing the Court's determination of "evolving standards of decency?"

State-level laws

Over the long scope of American history, use of the death penalty has largely

Remained rare, but increasingly focused only on homicides rather than a broader range of crimes including adultery, horse stealing, and some others that were once punishable by death

The Supreme Court ruled in Atkins v. Virginia (2002) that

The execution of a mentally disabled person is cruel and unusual punishment

- further extended Ford v. Wainwright (1986, "insane" people) protection, prohibiting the execution of individuals with intellectual disabilities

The Supreme Court's rulings in Atkins (2002) and Roper (2005) were in part grounded in

Evolving standards of decency and the 8th amendment

Roper v. Simmons (2005)

Supreme Court ruled that the death penalty is unconstitutional for crimes committed by juveniles under the age of 18

True or False: Since 2000, more state laws have restricted the use of the death penalty than expanded

true

Death sentences are issued in ___ percent of homicides...

1.08

The typical state carries out ____executions in a year.

0

True or False: Even before the Supreme Court's ruling in Furman v. Georgia (1972) the use of the death penalty has always been concentrated in the South.

False

True or False: The killer of white female victims are most likely to get the death penalty, and Black men who kill white women are significantly more likely to receive death

True

True or False: The Supreme Court is likely to decide that the death penalty does not meet "evolving standards of decency" since most Americans indicate that they do not support the death penalty when asked

False

The top executing states in the period from 1900 through 1972 (before Furman v. Georgia (1972)) were

New York, Georgia, and Pennsylvania

What is the most important reason why jurors often do not accurately reflect opinions in the death penalty?

Death qualification

Executions are the outcome of a death sentence ___ percent of the.

16%

An execution is most likely to be carried out (not just imposed) if the homicide occurred in ___

Houston, Texas

What is one of the most commonly used factors that improves on the goal of making sure the death penalty is "narrowly targeted" at only a certain class of crimes:

Crime victim was an active duty peace officer

How many cases of wrongful conviction involve no crime to begin with?

1/4

What is one of the most important predictors of death sentences in a year?

The tone of media coverage

Why was the electric chair first considered for use as an execution method in the US?

Recommendation by the New York Death Penalty Commission after a series of botched hangings

Which method of execution has the highest botch rate in the US

Lethal Injection

What is not an existing or potential legal challenge to lethal injection?

Inhumaneness and superficiality of the paralyzing agent in the cocktail

According to Jason Hurst, what is one way in which restorative justice is limited by existing practices?

Defense attorneys discourage their clients from discussing responsibility and emotions

What is a commutation (the action or process of commuting a judicial sentence) for a death sentenced individual?

The conviction stands, but their sentenced is reduced to a lesser one

The first Supreme Court case to challenge the constitutionality of long delays in the period between a death sentence and an eventual executions was:

Lackey v. Texas (1995)

Lackey v. Texas (1995)

the Supreme Court denied certiorari (order by which a higher court reviews a decision of a lower court) to a defendant who claimed his 17 years on death row violated the Eighth Amendment

Reversals most commonly result from:

the sentence being overturned

Felony Murder

an individual who was not the triggerman but was party to the crime can receive a death sentence

The North Carolina Racial Justice Act (RJA) [2009]

Was effectively repealed in 2013 as soon as the majority switched from Democratic to Republican

The North Carolina Racial Justice Act (RJA) [2009] also

allowed death-sentenced prisoners to challenge their sentences if they could demonstrate that race was a significant factor in their case, particularly in jury selection

The current NC death penalty statute is broad because:

it includes felony murder

Of the first 100 death sentences imposed in the US after Furman:

40 were in NC.

The Prosecutorial Discretion & Creation of centralized Indigent Defense Services occured what years?

2001

The three periods of the NC death penalty are

1. Pre-Woodson

2. Woodson to DA Discretion

3. Since then

The first _____ executions in NC in the modern period were all White offenders:

11

Batson v. Kentucky (1986)

protects against racial discrimination in jury selection and ensures a fair and impartial jury

What is one of the most common contributing factors to wrongful convictions in death penalty cases?

Official misconduct

Who deserves the most credit for popularizing the phrase "Super-predator?"

John Dilulio

According to Eberhardt et al. ("looking deathworthy"), black defendants with higher perceived "stereotypicality" have

Higher rates of receiving a death sentence at the penalty phase, but only if they have a white victim

NC's 1979 State v. Johnson ruling said:

No plea-bargains to avoid death.

Who lobbied for the RJA?

Darryl Hunt, Bo Jones, Ed Chapman, and Jonathan Hoffman.

Which speaker spoke about his cross country Greyhound bus ride?

Chris Turner

Which speaker spoke about his experience testifying against a codefendant?

Chris Ochoa

Which speaker spoke about the deep racism in their Virginia county?

Marvin Anderson

In what year did Ronnie Long, who came to class with attorney Jamie Lau, go to prison (pick closest year)?

1976