Evolving Standards of Decency and Public Opinion on the Death Penalty

Flashcards reviewing key concepts from a lecture on the evolving standards of decency test and public opinion regarding the death penalty.

According to Trop v. Dulles, what must the Court do to rule on the question of whether the death penalty is per se unconstitutional?

The court must interpret the meaning of 'cruel and unusual' from the 'evolving standards of decency that mark the progress of a maturing society.'

What five types of indicia did the Court identify to examine objective indicia that reflect the public attitude toward capital punishment?

History, precedent, legislative record, patterns of death sentencing and execution, and public opinion.

According to the dignity of man test developed in Trop, what two components are considered in an inquiry into excessiveness regarding capital punishment?

The punishment must not be grossly out of proportion to the severity of the crime, and the punishment may not involve the unnecessary and wanton infliction of pain.

What state interest or penological function must the death penalty serve to be considered constitutional?

Retribution (just deserts but not vengeance), general marginal deterrent effect, marginal incapacitation effect, or lowered cost to society.

According to Bohm, what are four reasons why public opinion matters regarding the death penalty?

Public opinion may sway legislators, judges, prosecuting attorneys and governors when making decisions regarding the death penalty.

What is the general trend of public opinion on the death penalty in the United States?

Since the mid-1930s, about 60% of the general public has supported the death penalty, but this level of support has varied dramatically over time.

What three trends has death penalty support followed over time?

Death penalty support steadily declined (1930s-1966), continuously increased (1966-mid 1990s), and then began a third trend of declining support.

Which socio-demographic categories have revealed no or very small/unsubstantial difference in death penalty support?

Level of educational attainment, age, parental status, employment status, occupational status, city size, and religious participation.

Which socio-demographic categories have revealed modest differences in death penalty support?

Region of the country, income, marital status, religion, and urban vs. rural location.

Which socio-demographic categories have revealed the most notable differences in death penalty support?

Political party, political ideology, gender, and race.

What is a viable explanation for why males are more supportive of the death penalty than females?

Females are socialized to be more caring, nurturing, and empathetic than males.

What is a viable explanation for why Whites are more inclined to support the death penalty than Blacks?

High levels of racial animus and racism expressed by White death penalty supporters.

Does a majority really support the death penalty?

When asked what punishment they preferred for a person convicted of first-degree murder: death or L w/o P -- the majority of respondents indicate a preference for L w/o P.

For what reasons does the public support the death penalty?

The primary basis for death penalty support in the US is retribution, but it is unknown if this is for just desert or vengeance.

What are the Marshall hypotheses?

Death penalty supporters are less informed about the death penalty than are death penalty opposers; exposure to information decreases support and increases opposition; exposure to information has no effect on those who support it for retribution.

What information is most persuasive in changing death penalty attitudes?

Issues of innocence and miscarriages of justice in death penalty cases and racial discrimination in capital sentencing.