JLC 444: Death Penalty and the Law

Quiz #1 tests your ability to issue spot and apply the cases we have learned. Quiz #2 will simply test you on the case

*Furman v. Georgia* (1972)

death penalty, as administered, violated 8th Amendment.  Placed moratorium on usage

*Gregg v. Georgia (1976)*

\-Reinstated the use of the death penalty

\-Death penalty is not a per se violation of the 8th Amendment

\-Established 5 guidelines

*Coker v. Georgia*

Sentencing someone to death for the rape of an adult woman violates the 8th Amendment

*Woodson v. North Carolina*

mandatory death penalty for all first degree murderers violates 8th Amendment

*Godfrey v. Georgia*

Death penalty may not be imposed where aggravating circumstances are too broad and vague

*Lockett v. Ohio*

defendant has an 8th Amendment right to present, during the penalty phase of the death penalty case, any mitigating factors relevant to character or circumstances of the crime

*McKoy v. North Carolina*

8th Amendment prohibits a requirement that jurors have to unanimously agree on mitigating circumstances

*Kansas v. Marsh*

statute requiring the imposition of the death penalty if aggravating circumstances are not outweighed by the mitigating circumstances is constitutional

*Enmund v. Florida*

participant in felony murder who does not kill or intend to kill may not be executed.

*Tison v. Arizona*

the major participant in a felony murder who does not kill or intend to kill but has the mental state of reckless indifference to human life may be sentenced to death.

*Witherspoon v. Illinois*

prospective juror may not be removed from the panel “for cause” because he voiced objection to the death penalty or expressed conscientious or religious feelings against it.

*Uttecht v. Brown*

trial court is in best position to decide whether to remove a potential juror for cause based on demeanor.  Clarified  *Lockhart v. McCree*:  prospective juror may be excused “for cause” if his opposition to the death penalty would impair his performance in the sentencing phase of a capital case

*Morgan v. Illinois*

prospective juror may be excused “for cause” if his support of the death penalty would impair his performance in the sentencing phase of a capital case.

*Turner v. Murray*

defendant in an interracial murder case has a right to question prospective jurors about racial prejudice.

*Payne v. Tennessee*

Victim Impact Statements are allowed during the sentencing phase of a capital case.

*Wiggins v. Smith*

failure of counsel to prepare and present mitigating evidence after telling the jury that would hear it, was deemed ineffective assistance of counsel in violation of 6th Amendment.

*Williams v. Taylor*

defense counsel was constitutionally ineffective in failing to investigate and present mitigating evidence at the penalty phase.

*Ford v. Wainwright*

8th Amendment prohibits the execution of a defendant who is convicted of capital murder and sentenced to die, but is insane at the time of execution

*Panetti v. Quarterman*

prisoner who claims to be insane at execution may be executed if he has a rational understanding of the reason for and meaning of the punishment of death, not just a mere awareness. 

*Atkins v. Virginia*

executions of mentally retarded defendants are cruel and unusual punishment in violation of the 8th Amendment.

*Herrera v. Collins*

death row defendant’s claim of innocence was insufficient to meet standards for constitutional basis.

*Roper v. Simmons*

8th Amendment forbids the execution of offenders under the age of 18.

*Ring v. Arizona*

Under 6th Amendment only jury can evaluate the evidence and decide to sentence someone to death

*Kennedy v. Louisiana*

8th Amendment bars imposing death penalty for rape of a child where crime in not result in victim’s death.

*Baze v. Rees*

risk of improper administration of 3 drug lethal injection protocol is sufficiently low so as to not constitute cruel and unusual punishment.