social justice final exam

How does the 'Meter Model' differ from the 'Story Model'?

The Meter Model suggests jurors accumulate evidence like a scale until a threshold for guilt is reached, though it is less supported by research than the Story Model.

What are the primary disadvantages of smaller (6-person) juries?

They offer less diversity of perspectives, are more prone to bias and error, and have less memory pooling capacity.

How do Solomon Asch's conformity studies apply to jury size?

Smaller juries create stronger pressure for the minority to conform to the majority opinion compared to larger juries.

What is the 'Liberation Hypothesis' in jury decision-making?

The theory that when evidence is weak or ambiguous, jurors rely more heavily on personal beliefs, biases, and emotions.

What is 'group polarization' in the context of juries?

The tendency for a group to adopt a more extreme position after discussion than they held individually.

What factors typically give a juror more influence during deliberation?

Higher status (education/occupation), higher confidence, more speaking time, and strong nonverbal cues.

What are the two main components of sentencing guidelines?

Offense level (seriousness of the crime) and the defendant's criminal history category.

What is a major criticism of mandatory minimum sentencing?

They remove judge discretion, increase racial and class disparities, and often lead to overly harsh sentences.

What is the recidivism rate within 3 years of release from prison?

Approximately 67%.

Which rehabilitation programs are most effective at reducing recidivism?

Individualized programs such as education, job training, drug treatment, and Cognitive Behavioral Therapy (CBT).

Why are death penalty cases generally more expensive than life imprisonment?

Due to the costs associated with lengthy trials and the extensive appeals process.

What did the Supreme Court rule in Roper v. Simmons?

The execution of minors is unconstitutional because their brains are not fully developed.

What did the Supreme Court rule in Atkins v. Virginia?

The execution of intellectually disabled individuals is unconstitutional.

How did Gregg v. Georgia change the death penalty process?

It reinstated the death penalty with a mandatory two-phase trial system: the guilt phase and the sentencing phase.

What characterizes 'death-qualified' jurors?

They are jurors who are more punitive and more likely to convict than the general population.

What did the Supreme Court rule in McCleskey v. Kemp regarding racial bias?

Statistical evidence of racial bias is insufficient to overturn a death sentence; the defendant must prove intentional discrimination.

What are the primary justifications for the death penalty?

Retribution, moral outrage, deterrence, and incapacitation.

What is the difference between aggravating and mitigating factors in sentencing?

Aggravating factors make a crime worse and increase punishment, while mitigating factors reduce blame and may lead to a lighter sentence.

What is the most common reason for an appeal?

Ineffective counsel.

Why are appellate courts generally hesitant to overturn prior rulings?

Because of the legal principle of respect for precedent.

What is the 'Story Model' in the context of jury deliberation?

A model suggesting jurors construct a narrative or story from evidence to make sense of the trial and reach a verdict.

What was the significance of the Supreme Court case Williams v. Florida (1970)?

It addressed the constitutionality of jury size, specifically allowing for juries smaller than 12 members in non-capital criminal cases.

What is the 'leniency bias' in jury deliberation?

The tendency for juries that are split on an initial vote to eventually reach a verdict of acquittal.

What does the 'two-thirds rule' suggest about jury decision-making?

If a two-thirds majority is reached during deliberation, the final decision tends to align with that majority.

What is 'group polarization' in the context of a jury?

The phenomenon where deliberation pushes the group further in the direction of their initial leaning.

What is the 'liberation hypothesis'?

The theory that when evidence is weak or ambiguous, jurors are 'liberated' from the evidence and rely more on personal biases, prejudices, or trial characteristics.

What is the primary difference between Johnson v. Louisiana regarding jury decision rules?

It addressed the legal distinction between the requirement for a unanimous verdict versus a majority verdict.

How many federal district courts are there in the US system?

There are 94 federal district courts.

What is the typical caseload distribution for federal district courts?

Approximately 80% civil cases and 20% criminal cases.

How many justices serve on the US Supreme Court?

9 justices.

What happens if the Supreme Court decides not to hear a case?

The decision of the lower court stands.

How are federal and Supreme Court judges typically selected?

They are nominated by the President and confirmed by the Senate.

What is a common professional background for individuals who become judges?

They are typically former prosecuting attorneys, which can lead to a more punitive judicial perspective.

What are the four main grounds for appealing a verdict?

Evidentiary appeals, constitutional law issues (due process), legal interpretation errors, and inadequate legal representation.

What is the most common reason cited for an appeal regarding legal representation?

Inadequate legal representation, such as attorney incompetence, drug use, mental illness, or lack of preparation.

What are 'aggravating factors' in sentencing?

Factors that increase the severity or culpability of a crime, leading to a harsher sentence.

What are 'mitigating factors' in sentencing?

Factors that may justify a more lenient sentence, such as lack of prior record or circumstances surrounding the offense.

How did prisoner rights change between the 1960s-70s and the post-1980s period?

The 1960s-70s saw an increase in prisoner rights (mail, legal assistance), while the post-1980s period saw a trend of reducing those rights.

What non-verbal cues can influence the status and power of an individual within a jury?

Eye contact, the number of vocalizations, and body language.

What is jury nullification?

When a jury returns a verdict of 'not guilty' despite believing the defendant broke the law, often because they disagree with the law itself or its application.

What role does a parole officer play in the sentencing process?

They often provide information or reports that assist the court in determining the appropriate length or conditions of a sentence.

What two primary factors do judges use to calculate a criminal sentence?

Offense Level and Criminal History.

What are 'aggravating factors' in the context of sentencing?

Conduct during an offense that increases its seriousness, such as using a weapon, causing injury, or the amount stolen.

What is the primary purpose of mandatory minimum sentences?

They were enacted in the 1980s (War on Drugs) to limit judicial discretion and transfer power to prosecutors.

What are three examples of alternative sentences to prison?

Community service, restitution, and shaming sentences (e.g., DUI license plates).

What is the approximate recidivism rate for prisoners within three years of release?

67%.

Which type of prison rehabilitation program is statistically linked to a 20% reduction in re-arrests?

Drug rehabilitation.

What are the most successful characteristics of clinical/counseling treatment in prisons?

Individualized treatment, focus on high-risk offenders, and the use of cognitive behavioral treatments.

What is the average estimated cost of a death penalty case compared to life without parole?

Approximately $2 million per execution, which is significantly higher than life without parole.

What did the Supreme Court decide in Roper v. Simmons (2005)?

It is unconstitutional to execute juvenile offenders because their brains are not fully developed.

What is a 'death-qualified' juror?

A juror who is questioned during selection to ensure they are willing to apply the death penalty if the law requires it.

What is the effect of the death-qualification process on juries?

It tends to result in juries that are more conviction-prone.

What was the significance of Furman v. Georgia (1972)?

The Supreme Court ruled the death penalty unconstitutional as it was then applied, leading to a temporary halt.

What change did Gregg v. Georgia (1976) implement in capital cases?

It implemented a two-trial system: a conviction phase and a separate sentencing phase.

What did the Anti-terrorism and Effective Death Penalty Act of 1996 do?

It reduced access to Habeas Corpus petitions and limited federal appeals of state cases to one year.

What did Ring v. Arizona (2002) establish regarding sentencing?

The jury, not the judge, must decide on the imposition of the death penalty.

What did Atkins v. Virginia (2002) rule?

It is unconstitutional to execute individuals who are intellectually disabled.

What are some factors that increase the probability of a defendant receiving the death penalty?

Murder for hire, killing multiple people, torture, rape, or killing a police officer.

What did the McCleskey v. Kemp (1987) case address regarding the death penalty?

It addressed racial disparities in sentencing, specifically the finding that cases with Black defendants and White victims were more likely to result in death sentences.

Why did the Supreme Court refuse to find the death penalty unconstitutional in McCleskey v. Kemp?

They argued that racial disparities are inevitable and that accepting the claim would threaten the principles of the entire criminal justice system.

What is the 'conviction phase' in a capital trial?

The portion of the trial dedicated solely to determining the guilt or innocence of the defendant.

What is the 'sentencing phase' in a capital trial?

The portion of the trial that occurs after a guilty verdict to determine whether the death penalty or another sentence is appropriate.

What is the primary reason public support for the death penalty has begun to drop?

The availability of life without parole as an alternative and concerns raised by DNA exonerations.

What is the role of restitution in sentencing?

It is a form of alternative sentencing where the offender pays the victim back for financial losses.

What is the primary argument against the death penalty regarding deterrence?

Studies show that the death penalty is not an effective deterrent to committing crimes.