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What is the sharp rise in executions in the 1900s associated with?
A decline in lynchings
What reason was cited by the most justices in Furman v Georgia (1972) when the death penalty was ruled unconstitutional?
capricious and arbitrary
What did Gregg v. Georgia (1976) hold
capital punishment is constitutional with safeguards
what procedural innovation did Gregg require
bifurcated trials
“felony-murder” refers to
murders that are committed during a felony, rendering all participants in the felony guilty of murder even if they did not personally kill
What makes a homicide aggravated?
multiple victims, poison, stabbing, strangling, felony murder victim under 12 or over 64
Which NC county has the highest total number of death sentences since 1972
Robeson
What is one thing that may result in a reduced sentence (LWOP)
commutation
What percentage of death sentences are overturned on appeal?
70 percent
What does the Marshall Hypothesis say?
If the public knew how the death penalty was actually implemented, they would not support it
what characteristics have the strongest association with the likelihood of execution?
victim race and gender
What is true about female defendants in terms of death sentences
they receive death sentences at a lower rate than men and are also executed at a lower rate
In what city are capital crimes most likely to result in execution?
Houston
What did David Baldus’ study find?
Legally irrelevant factors affect the odds of being sentenced to death, and there is intentional racial discrimination in death penalty sentences
What amount od death-eligible homicides actually result in a death sentence
a very small percentage
What did Donohue’s study of Connecticut find about egregiousness and death sentences
Non-death cases were often more egregious than death cases
What do empirical studies show about the percentage of murders that are death-eligible
in most death penalty states, a majority of murders are death-eligible
why do many states fail to narrow death-eligibility meaningfully?
some aggravators or eligibility factors are broad or subjective
What does the law of parties outline?
any participant in a felony is equally responsible for the outcomes, even if they do not kill the victim
What role was proportionality review supposed to play?
Ensuring death was reserved for the worst offenders
What county in the US has carried out the most executions since 1972?
Harris County, Texas
What is the relationship between race, geography, and execution rates?
Suburban countries have higher execution rates despite fewer homicides and are disproportionately white compared to central cities
What explains the extreme geographic variation in the use of the death penalty in the U.S.?
Electoral incentives shape the discretionary decisions of local prosecutors
why do executions across jurisdictions follow a power-law (fat-tailed) distribution instead of a normal bell-curve one?
executions are generated by a self-reinforcing process where prior executions increase the likelihood of future ones
What is the relationship between homicide levels and executions?
there is little to no statistical relationship between homicide and execution rates
Around how many homicides occurred annually in NC in recent years?
500
Chris Ochoa was…
threatened with capital prosecution and confessed to the crime
how is commutation used in the modern U.S. death penalty system?
its a rare form of executive clemency that reduced a death sentence to life while leaving the conviction intact
What is true about the cost of maintaining the death penalty?
it costs more to maintain it than to have LWOP as the most severe punishment
What are common reasons for reversal of a death sentence?
prosecutorial misconduct, ineffective assistance of counsel, judicial error
around what percentage of finalized dispositions result in an execution nationwide?
25 percent
what is the most common outcome for defendants whose death sentences are reviewed and finalized in the modern era of capital punishment?
overturning of the death sentence and replacement with a lesser punishment
what pattern exists in death-sentence reversal rates after the early years of the modern death penalty era?
reversal rates stabilized at roughly 60 percent after the early 1980s
what are some forms of reversal?
clemency, conviction overturned, penalty overturned
What is true about Chris Ochoa being read his miranda rights?
the arresting officers did not read Chris Ochoa his Miranda rights immediately as standard procedure outlines
around how many homicides occur in the U.S. each year?
15,000
which state has sentenced the fewest people to death?
Oklahoma
what jurisdiction has the highest rates of death sentencing per 100 homicides?
Delaware
What county has the highest number of death sentences in the modern era?
Los Angeles County, LA
around how many people live in the U.S. as of 2025?
300 million
what is the most common outcome of a death sentence in the period since 1972?
overturning of the death sentence and replacement with a lesser punishment
what happened when Chris Turner was released from federal prison?
he was released in Modesto, CA and given a bus voucher for the ride back to his hometown in Washington
Chris Turner was…
granted parole at his first eligibility and served the remaining part of his sentence under conditions of parole
what form of reversal results i nthe defendants guilty verdict being sustained, but their dealth sentence is eliminated?
penalty overturned
what is a key feature of a pardon of innocence in some states?
it formally recognizes that the individual is not only not guilty, but they are actually innocent and may be eligible for compensation
what proportion of wrongful conviction cases do not involve a crime
1/4
What were Lackey v. Texas and Jones v. Chappell concerned with?
how long it can take to carry out an execution
what is the average delay between crime and death sentence?
18 months
what group have executions in PA and CA been reserved almost exclusively for?
volunteers
what are some common reasons for exoneration?
ineffective legal defense, perjury, false accusation, false/misleading forensic evidence (NOT jury misconduct)
what did the restoring proper justice act of 2012 in NC alter about the execution process?
it eliminated a doctor’s presence during the execution, saying that anyone with EMT will suffice
what what the first state to execute someone using electrocution?
New York
in the 3-drug cocktail, the paralytic agent is designed to do what?
stop all muscle movement
what did Baze v. Rees (2008) decide?
lethal injection was upheld as a legal form of capital punishment
what is a death warrant?
an order from an individual that sets the date of execution for any inmate who exhausted all direct appeals following their death sentence
what method of execution has the highest chance of being botched?
lethal injection
What law sets a 2-year limit on all death row appeals?
Iryna’s Law
What percent of death warrants between 2016 and 2026 were not carried out?
59 percent
what evidence did the Detroit police suppress or manufacture to secure Ken Nixon’s 2005 conviction?
a memo admitting a 13-year-old witness’s statement was obviously coached and a prosecutors memo highlighting a desperate need for more evidence.
what are some reasons a stay might be granted after an execution date has been set
new evidence is discovered, a new legal appeak or motion is filed, or if there are concerns about constitutionality of execution method
what court ruling requires that an inmate must be mentally competent to understand the reason for their execution?
Ford v. Wainwright
What are some mental illnesses that are more common among executed inmates than in the general population?
antisocial, schizo, depression
around what percentage of those who are executed were military veterans?
10 percent
what is true about death-row inmates with mental illnesses or intellectual disabilities?
the threshold for low IQ under Atkins is 70, Atkins v. Virginia decided that executing people with intellectual disabilities is unconstitutional, and the current data about number of MI would likely be under-estimated
what court ruling holds that states may not forcibly medicate soley to render them competent for execution?
Sell v. U.S.
what is true about public opinion on the death penalty?
public support is generally low for those who don’t directly cause the victim’s death, after mid 1990s support for death penalty has declined, and there is a strong correlation between public opinion and annual number of death sentences
between 1920 and 1970, what method of execution was most common?
electric chair
what is the opinion paradox regarding the death penalty?
high support in public opinion but low levels of actual use
how did the share of homicides that lead to a death sentence in NC change from 1990s to the 2010s and 2020s?
it dropped very dramatically
what are variables public opinion surveys have shown to be statistically associated with a higher likelihood of supporting the death penalty?
political affiliation (republican), race (white), and gender (male)
what is considered a saving rather than an expense for death penalty costs?
NOT mandated automatic appeals, implementation of a two-stage trial, or jury selection process for a capital case
Who was Ehrlich?
the scholar whose 1975 article suggested that each execution saves eight lives, an argument that impacted the debate before the Gregg decision
according to Ehrlich, price theory predicts that if the price of murder increases, the demand for it…
decreases
what happens if someone takes an Alford plea?
they are legally guilty
what is the main reason reforms for lowering costs of DP (like reducing appeals) are often opposed?
they increase the risk of executing innocent people
Lynden Harris has…
taught creative writing to death row prisoners
Lynden Harris NOT true
been able to pay incarcerated participants, had a first project about DP that was the story from the perspective of the families of DR inmates, performances poorly attended due to public indifference
Lynden Harris has led and participated in…
Count, Right here right now, good boy
what is true about the costs of the DP in diff states?
CA has 4 billion cost over 31 years, states with high execution rates have relatively lower costs per execution, NJ has a total cost od 253 million without a single execution from 1982 to 2005
when plea bargaining is likely to happen, do lawyers on both sides stop preparing for capital trial to decrease pretrial costs?
no
why should we be suspicious about the deterrence effect?
it is unlikely that murderers rationally calculate the costs/benefits of the crime before committing it
what is the roper extension argument?
reasoning should be extended to prohibit the death penalty for other groups
what aspect of the identification procedure raises the strongest concern about potential bias in the victim’s identification of Marvin Anderson
Mr. Anderson was the only person in the lineup whose photo had been shown previously
what happened with Marvin Anderson’s case?
he was originally released on parole and then exonerated a few years after his release
what states have Governor moratoria?
Oregon, Pennsylvania, Ohio
which court decision ruled it is okay to execute 16-17 year olds?
Stanford v. Kentucky
what is the percentage decline of states that sentenced a person to death in a given year between 2025 and peak use of DP in 1998?
from around 35-40 percent to 15 percent
what can we observe about the number of death sentences in DP trends?
they remained relatively high through the 1990s peaking around late 1990s and then declined
what year was the decision made that DP cannot be used on people with intellectual disabilities (IQ < 70)
2002
what US Supreme Court case dealt with evolving standards of decency
Trop v. Dulles
what are some reasons the modern DP does not meet the Gregg test?
arbitrary, race-of-victim bias, and non-narrow
what is the number of homicides per 1M population in recent years in NC
30
what is the number of people currently on death row in NC
122
How many of the 11 states that executions took place in in 2025 had a democratic governor
1
what happens to most death warrants signed by the governor
they are later cancelled
was isaac knappers conviction eventually overturned after another person confessed to the murder in 1991?
no
which correctional facility was isaac knapper sent to serve his life sentence
Louisiana state penitentiary (angola prison)
what is the main argument of McCleskey v. Kemp: Field Notes
although legal reforms aimed to address arbitrariness, significant racial disparities persisted and the court declined to act on this evidence in McCleskey v. Kemp
how did Anthony G. Amsterdam and Marvin Wolfgang help
they contributed legal strategy and empirical research on capital sentencing
what was the purpose of LDF’s agreement with Prof. David Baldus
to conduct an independent empirical study regardless of the outcome