Critical Issues Final Flashcards
What evidence did the prosecution withhold In the case of Alfred Dwayne Brown? (sma ecase as Erik’s)
The Phone Records
What did Erike get arrested for?
Perjury
Myths of capital punishment
1) it is not cheaper to execute
2) capital Punishment does not have a deterrent effect
3) the attorney you get is not necessarily the best of the best
Realities of capital punishment:
1) cost: life without parole equals $750,000 – 1.1 million. Capital punishment, however, the cost is much more 5 to 6,000,000 for an insect execution which never happens. It is always more because of appeals.
2) US has high murder rate of any industrialization, and yet it is the only one with capital punishment. Deter affect is nonexistent 
Who’s being executed: race
White 56%
Black 34%
Hispanic 8%
Other 2%
What makes the death penalty trial/ capital trial unique?
What makes a capital trial unique is that it is two parts: first part determines guilt/innocence and second part determined sentence 
What did Greg versus Georgia decision do?
Greg v Georgia (1976) reinstate death penalty in US with special circumstances
Greg decision made capital punishment available only for murder with special circumstances
After Greg came out, we saw capital murder for the first time. Prior to Greg, death penalty was for anyone, anything.
Gregg made it a two part system: trial and sentence
What was added in the Greg decision?
1) separate sentencing he
2) use of aggravating and mitigating circumstances in the sentencing phase
Another supreme court case influencing, capital punishment: Furman V Georgia, (1972) (prior to Gregg)
What was the outcome?
Death penalty abolished in the United States 
Atkins V Virginia, (2002)
Outcome?
Cannot sentence or execute people who have disabilities to death
This ruling has given states some discretion to decide how to determine disabilities 
___ out of ____ death penalty cases result in an actual death penalty
1 out of 4
Total number of Texas executions
583
Race of victims in death penalty cases
White 76%
Black 15%
Hispanic 7%
Other
Capital punishment is legal in___ states
27
How many DNA exonerations?
How many exonerations total?
DNA: over 375
Total: over 3,385
The governor must have the ____ of ______ and _______ recommend clemency before he can initiate it
The board of pins and pearls
How does the Texas board of pardons and parolees operate?
1) 18 members of the board examine the cases separately
2) do not meet to discuss the case
3) there are no written guidelines
4) explanations are not required
5) fax, mail, or call in to vote
6 Governor has the power to grant a 30 day reprieve
7) rehabilitation does not appear to be a significant factor
True or false: there are 18 members on the board of pardons and paroles, and they examine the cases separately
True
True or false: explanations are NOT required from the members of the board of pardons and paroles
True
Why, Texas is number one in executions? (1 of 3)
Texas appellate judges are elected to office meaning they have to serve the pleasure of the public
Why, Texas is number one in executions
(2 of 3)
Texas does not have a public defender system for indigent offenders. Instead relies on court appointed attorneys with likely or little capital experience. (Maybe none).
Why, Texas is number one in executions
(3 of 3) important one:
Texas has “law of parties” system. This allows offenders to be sent to death, if present, while crimes are being committed.
This is based on offender, being criminally responsible for the conduct of another
Could also be called conspiracy statutes, creates a larger pool of people for death penalty
Concept of “future dangerousness”
“Whether there is a probability that the defendant would commit criminal acts of violence that would cost to a threat to society”
10 ways to get death penalty in Texas
1) murder, someone under the age of 10
2) knowingly murder, a officer or fireman
3) murder during escape of a prison
4) murder of a correctional employee while incarcerated
5) murder, during kidnapping, robbery, sexual assault, arson, retaliation, terroristic threat
6) murder in retaliation of a judge or member of any court
7) murder, while incarcerated serving a 99 year sentence for kidnapping, aggravated, assault, or aggravated robbery
8) murder of more than one person
9) murder while incarcerated for murder or capital murder
10) employing someone for murder for hire
Number of qualifying crimes is 10. Or, is it?
The actual number is ___ ways.
However, ____ ways with conspiracy/law parties statutes
91
273
Who pays for death penalty in Texas
Each county pays for its own trials in the state appeal process
Every Texas resident who pays taxes is paying for death penalty appeals
Smaller counties are thus subsidizing for “wealthier“ counties seeking death penalty 
___ of Texas 254 counties have never sent a single offender to death Row
136
If California repealed death penalty today, it would save ___ million a year
100
Since 1976, each execution in Florida has cost ___ million
24 million
Since 1978 total cost for California’s death penalties are: __ billion
4 billion
True or false: we hit our peak executions in 1999
True
What types of crimes are people wrongfully convicted for?
murder 40%
Sexual assault 14%
Child abuse 12%
Drugs 11%
Robbery 5%
Other 19%
Contributing causes of wrongful conviction (of first 225 DNA exonerations)
Eyewitness misidentification (173)
Un validated/improper forensics (116)
False confessions/admissions (51)
Informants/snitches (36)
True or false: eyewitness identification is no longer the gold standard, in fact, is the highest source of wrongful conviction
True
Problems with bite mark forensics:
1) never been validated
2) experts, cannot agree!
3) no analytical test or scan to match bite marks
4) skin is a terrible recording, medium bite marks (skin is a elastic and varies person person, skin is different if you’re removing or stain still which affects the impression of the teeth).
DNA exonerations have revealed instances of “dry-labbing” evidence
What is this?
Reporting results, when no test was actually performed
True or false: we still have many people behind bars, and on death row for these faulty evidence
True
Most important factor of determining
If defendant will receive the death penalty is ______ of representation
Quality
True or false: out of the 1976 Supreme Court decision, everyone must have the direct appeal process be submitted automatically
True
The direct appeals process is limited to ________
Limited to issues from the trial
In death penalty cases, the direct appeal process consist of;
The judge looking over, purely the issues within the trial. He makes a judgment on the ruling and sentencing, being good, or he overturns it, or reverses it
Appeals: post conviction
The second stage
Petitions are first filed with the original trial judge, then appealed to any intermediate courts, and then finally to the states highest courts
At this stage, the defendant may raise issues surrounding the conviction and sentence that are outside of the record. The defendant may raise issues, such as ineffective assistance of counsel, dermis conduct, newly discovered evidence, and Brady violations. 
Appeals: federal habeas corpus
The final stage
This is limited to the federal issues, raised on appeal in the state courts. The federal appeals process consists of three levels.
Three levels of federal habeas corpus:
1) a petition to the US District Court is the first step. The judge may also grant a hearing on new evidence. The judge can dismiss the petition, overturn the conviction, or overturn the sentence.
2) Permission must be granted by US District Court or court of appeals, to file to the…
US court of appeals. This appeal is limited to issues raised in the US district court. If the conviction were sentence is overturned and federal review, the state is usually given the opportunity to retry the suspect. If the US court of appeals, denies relief, the only option is to petition for the third step (US Supreme Court) writ of habeas corpus
3) US Supreme Court: writ of habeas corpus
This is the last resort for defendants, appealing their death sentence. The court, however, only reviews a handful of death penalty cases a year. When a writ of certiorari is denied by the US Supreme Court, the defendant has exhausted his appeals. The only relief to the defendant is executive clemency.

What happens after all their death penalty appeals are exhausted?
Executive clemency (governor)
True or false call: the US Supreme Court is often called the court of last resort
True
To performs in TEDTalk regarding death penalty
1) specialized bar for juveniles
2) rethink punishment
3) Earlier intervention
Research shows as little as ___ days in solitary can lead to irreversible, harmful psychological effects
15
True or false: solitary confinement, decreases brain function. Researchers measured, lower EEG frequency and patience, after only one week of isolation.
True 
Most solitary environment cells are measured as—
8 X 10 cells
Defendants with court appointed attorneys are more than ______ as likely to be sentenced to death, then defendants with a private attorney
Twice
The ______ of the victim is the single, most reliable predictor of whether someone will be sentenced to die 
Racr
195 total exonerated who were inncocent
.
