Exam 3

Question 0

To remedy the “unbridled discretion” the Supreme Court used to abolish the death penalty states passed what statutes to make sure a trial passed in which two phases?

Answer 0

First phase: jury decides guilt or innocence

Second phase: sentencing where aggravating and mitigating factors are presented

Question 1

In what years was the death penalty abolished by the Supreme Court on grounds of cruel and unusual punishment in Furman v Georgia until Gregg v Georgia?

Answer 1

1972-1976

Question 2

Aggravating Factors

Answer 2

Elements of the crime such as killing in an especially brutal or heinous manner that makes the defendant more like to receive the DP

Question 3

Mitigating Factors

Answer 3

Elements of the defendant’s background or the crime such as experiencing mental illness or acting under duress at the time of the offense, that makes life imprisonment the more appropriate verdict

Question 4

What is the main way death penalty convicts have been exonerated?

Answer 4

DNA testing

Question 5

What are the arguments against the Death Penalty?

Answer 5

Innocence - 179 since 1973 have been exonerated
Cost
Racial and gender inequality
Mental illness - Atkins v. Oklahoma, 2002 ~ U.S. Supreme Court ruled it unconstitutional to execute MR. Estimated that 35 MR inmates executed since 1976 (PDIC, 2001).

Young offenders

Question 6

What are arguments for the death penalty?

Answer 6

Moral perspectives of retribution
Accomplishes General and Specific Deterrence
The ultimate incapacitation

Question 7

What is the problem about deterrence and its relation to the DP?

Answer 7

Studies have shown it does not affect the rate of violent crimes

Question 8

Brutalization

Answer 8

Theorists argues that executions increase violent crime by sending the message that it is acceptable to kill those who’ve wronged us. No stronger than the data in favor of deterrence

Question 9

What proportion of states do permit the DP?

Answer 9

33 States have death penalty + Government + US Military and 17 do NOT permit it

Question 10

Where have more than one third of all executions in the US taken place in since 1977?

Answer 10

Texas: 358 currently with 445 executions leading the nation

Question 11

Who has greater chances of the DP those who kill White or those who kill Blacks?

Answer 11

Those who kill Whites. Hispanics 3x and Blacks 4x as likely to be sentenced

Question 12

Death Qualification

Answer 12

When jurors are empaneled to serve on cases in which the death penalty is being sought, they are required to answer voir dire questions about their attitudes toward capital punishment. These jurors do not hold strong scruples or reservations about its use

Question 13

In capital cases do jurors receive a set of complex instructions that outlines their duties and explain how to evaluate aggravating and mitigating circumstances to reach a sentencing decision?

Answer 13

Yes

Question 14

Declarative Knowledge

Answer 14

Jurors understanding of legal concepts

Question 15

Procedural Knowledge

Answer 15

Jurors ability to know what to do Ina order to reach a sentencing decision

Question 16

Who are populations the Supreme Court has deemed the DP as unconstitutional?

Answer 16

Mentally ill, under 18, limited mental abilities may not be fully culpable

Question 17

What is the first requirement under TPC 19.03 for Capital Punishment?

Answer 17

Murders a peace officer or fireman acting in the lawful duty & who the person knows is a peace officer;

Question 18

What is the second requirement under TPC 19.03 for Capital Punishment?

Answer 18

Intentionally commits murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or terroristic threat;

Question 19

What is the third requirement under TPC 19.03 for Capital Punishment?

Answer 19

Murders for remuneration or promise of remuneration or employs another to commit murder for remuneration or promise of remuneration;

Question 20

What is the fourth, fifth, and sixth requirement under TPC 19.03 for Capital Punishment?

Answer 20

Murders while escaping or attempting to escape from a penal institution;5. while in penal institution, murders another:

* Employed in operation of penal institution; or
* With intent to establish, maintain, participate in a combination or in the profits of a combination; 6. the person:
* While incarcerated for an offense under this section or Section 19.02, murders another, or
* While serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;

Question 21

What is the seventh requirement under TPC 19.03 for Capital Punishment?

Answer 21

7. The person murders 1 more than 1 person
   
   • During same criminal transaction, or
   • During different criminal transactions but murders are committed pursuant to the same scheme or course of conduct, or

Question 22

What is the eighth requirement under TPC 19.03 for Capital Punishment?

Answer 22

person murders an individual < 6 years of age.

Question 23

Future dangerousness

Answer 23

1. whether there is a probability that defendant would commit criminal acts of violence that would constitute a continuing threat to society; and
   
   2. Whether defendant actually caused the death of the deceased or did not but intend to kill the deceased or another or anticipated that a human life would be taken.

Question 24

If Jurors answer Qs 1 & 2 “yes” and “no” for future dangerousness what standard of evidence must they reach? How many are required to say yes? Or no?

Answer 24

State must prove each issue “beyond a reasonable doubt”
Can answer “yes” only by unanimous vote
Can answer “no” only if ≥ 10 jurors agree
No need for agreement on what particular evidence supports a negative answer. Don’t have to say why

Question 25

If jury answered “special issues” Qs 1 & 2 “yes”, then answers:

Answer 25

Whether, taking into consideration all of the evidence … there is a sufficient mitigating circumstance(s) to warrant a sentence of life imprisonment rather than death.
- “life sentence” in TX now means LIFE (in TDCJ-ID) without possibility of parole/release.

Question 26

What is question 3 for jurors to answer if sentenced for capital punishment?

Answer 26

Jury can learn now that mitigating evidence can be considered “evidence that a juror might regard as reducing “evidence that a juror might regard as reducing the defendant’s moral blameworthiness”

Question 27

What are the three conclusions that jurors can make when a defendant is sentenced to DP?

Answer 27

If Qs 1 &2 “yes” and negative answer to Q3 → death
If “no” to either Q 1 or 2 or affirmative to Q3 → life sentence
If unable to answer any Q as necessary → life sentence

Question 28

How many women have been on death row? How many have been executed?

Answer 28

53 Women on death row as of 06/30/09 (1.6% of population); 11 executed since 1976.

Question 29

What are the percentages of executed offenders for ethnicities and their victims?

Answer 29

Those Executed:		White - 56%
				Black - 35%
				Hispanic – 7%	
				Other – 2%
 About 80% of murder victims in cases resulting in execution are white, even though nationally only 50% of murder victims generally are white.

Question 30

What is the estimated cost of the sentencing the death penalty in Texas?

Answer 30

In Texas, death penalty cases cost average of $2.3 M.

Question 31

Woodson v. North Carolina

Answer 31

Concept of “moral culpability” or per U.S. Supreme Court in Woodson v. North Carolina (1976) DP mandatory for all convicted 1st degree murderers

Question 32

Fundamental to psychology: humans & their choices are shaped & influenced , developmental, psychological, interpersonal, educational, cultural, & community histories. Thus, “blameworthiness” can vary depending on what factors and experiences shaped and influenced that choice

Answer 32

Mitigating factors

Question 33

Lockett v. Ohio

Answer 33

Mitgation ~ Lockett v. Ohio (1978) have at least one aggravating factor then mitigation factors can be looked at

Question 34

What are some tasks a forensic psychologist do in a DP evaluation?

Answer 34

Pretrial Evaluations
Parameters ~ typically: (1) relevant aggravating & mitigating factors present & (2) likelihood of future violence; MH most appropriate to mitigation & violence risk
Mental State at Time of Offense ~ typical MSO exam

Question 35

Violence Risk Assessment

Answer 35

Common Errors as Applies to Capital Sentencing

Current Methodology
Past patterns in similar context
Base rate anchors
Risk management adjustments

Question 36

What’s one reason to assess a capital case for appeals?

Answer 36

Competence To Waive Appeals - unless you stop the attorneys will file appeal

Question 37

What’s one reason for assessment for a death sentence? The client must answer two questions

Answer 37

Competence To Be Executed - 1.) know you are going to die 2.) and why

Question 38

Jurek v. Texas (1976)

Answer 38

Jury must answer the special 3 questions to determine DP or Life Imprisonment beyond a reasonable doubt

Question 39

Furman v. George (1972)

Answer 39

ruled on the requirement for a degree of consistency in the application of the death penalty.

Question 40

Branch v. Texas (1972)

Answer 40

Along with Furman decision of unconstitutionality and violating 8th amendment in Texas trial convicting a man for rape sentencing him to DP but was reversed

Question 41

Gregg v. Georgia (1977)

Answer 41

reaffirmed the United States Supreme Court’s acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg.

Question 42

Coker v. Georgia (1977)

Answer 42

death penalty can’t be used on a rape charge

Question 43

Eddings v. Oklahoma (1982)

Answer 43

without “the type of individualized consideration of mitigating factors they reversed the DP decision

Question 44

Barefoot v. Estelle (1983)

Answer 44

admissibility of clinical opinions given by two psychiatrists hired by the prosecution in answer to hypothetical questions regarding the defendant’s future dangerousness

Question 45

Skipper v. South Carolina (1986)

Answer 45

can’t say you’ve changed while in death row

Question 46

Ford v. Wainwright (1986)

Answer 46

insane cannot be executed so competency evaluations are mandatory

Question 47

Stanford v. Kentucky (1989)

Answer 47

DP not give to 15 and below 16+ at the time of crime

Question 48

Penry v. Lynaugh (1989)

Answer 48

first trial let a mentally retarded man sentence to DP but second trial after saying unconstitutional since did not let mitigating factor of MR in