Exam 3 chapter 17 Flashcards
countries where captial punishment has been abolished
canada, mexico, australia, new zealand, western europe
five states responsible for more than half of all us executions since ‘76
Texas, virgina, oklahoma, florida, missouri
aggravated murder is the ____ crime punishable by _____
1) only
2) death
ex: for hire, more than one person, of a police officer, of a child, while committing another felony
under federal law, ____ crimes are punishable by death
capital
ex: treason, espionage, murdering a government official, using a weapon of mass destruction, sending lethal weapons through the mail
furman v georgia
capital punishment was unconstitutional
gregg v georgia
death penalty cases are decided by 2 trials using a bifurcated proceeding
aggravating factors:
characteristics of the murder and he murderer that make it worse
mitigating factors
characteristics that support a life sentence over a death penalty
atkins v virginia
put an end to the execution of the intellectually disabled
ring v arizona
before the DP can be imposed, a JURY must find one or more aggravating factors were present beyond a reasonable doubt
hurst v florida
florida treated the jury rule as advisory and not mandatory; judges could impose DP when a jury wanted a life sentence
roper v simmons
abolished the death penalty for juvenile offenders
kennedy v louisana
no death for rapists
Baze v rees
lethal injection is legal
bucklew v precythe
8th amendment did not guarantee a prisoner a painless death
wainwright v witt
potential jurors whose beliefs substantially impair their ability to consider or impose a death sentence must be excused
morgan v illinois
people who want the death penalty too much cant serve
death qualified jurors are ___ likely to ____
more
convict
lockhart v mccree
the research on the death penalty is irrelevant
jurors think that they ___ consider the full range of mitigating factors; if they find any aggravating factors, they ____ to vote for ____; unless they vote for ____, the murderer will be eligible for _____
1) cant
2) have
3) death
4) death
5) parole
the more intense a juror’s ____, the more likely they’ll be to vote for ____
anger
death
ways to improve jury instructions
simplify sentences, use concrete language, remove double negatives, use the defendant’s actual name
mcclesky v kemp
to overturn a DP case based on racial prejeduice, there would need to be strong evidence that jurors acted with discriminatory purposes
states with the death penalty have ____ murder rates than states without
higher
brutalization effect
executions desensitize people to killing
____ of DP cases were reversed because of errors at trial
___ of those cases were then found not guilty
68%
7%
____ people have been wrongfully convicted. ___ were executed
416
23
___ prisoners released from death row because of exonerated evidence
167
Baldus, Woodworth, and Pulaski (1990) analyzed 594 homicides in Georgia and found that blacks convicted of killing whites were sentenced to death in _____ of capital cases, while whites convicted of killing blacks were sentenced to death in _____ of capital cases.
22
3
anti-terrorism and effective death penalty act 1996
in response to timothy mcveigh (ok city bomber)
reduces habeus corpus petitions, federal appeal of state cases, limited appeals to one year in state cases
ohio adopted LWOP in ____
texas adpoted LWOP in ___
1995
2005
factors that increase the probability of getting the death penalty
victim: police officer, stranger, weak/frail, white, under 12
defendant: murder for hire, killed 2+ people, tortured, raped, planned to collect insurance
factors that decrease the probability of the death penalty
victim: family member or partner, barroom fight
defendant: not the “trigger” person, under 17, retired, student, housewife