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responses to crime MCQs > lecture 4.2 death penalty > Flashcards

lecture 4.2 death penalty Flashcards

1
Q

what is considered the ultimate in expressive acting out?

A

the death penalty

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2
Q

uk effective abolition of death penalty in what year?

A

1965

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3
Q

what country is only western democracy with the DP?

A

US

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4
Q

what countries have the death penalty?

A

majority of people in the world live in countries with DP
- china
- iran
- saudi arabia
- iraq
- pakistan

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5
Q

where was the death penalty abolished?

A

european countries

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6
Q

what year was DP abolished netherlands?

A

1860

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7
Q

what year was DP abolished norway?

A

1876

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8
Q

what year was DP abolished sweden?

A

1910

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9
Q

what year was DP abolished UK?

A

1965 (1969, 1999)

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10
Q

what year was DP abolished france?

A

1977

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11
Q

why was DP abolished in european coutnries ?

A

incompatible with the ECHR and EU membership

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12
Q

how many states in US retained death pentalty?

A

27/50 + federal and military

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13
Q

how many executions since 1976 in US?

A

1562

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14
Q

how many women had DP in us?

A

17 women - 1%

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15
Q

how many black people had DP in US?

A

34%

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16
Q

how many latino or other ethnic minority had DP in US?

A

10%

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17
Q

how many white people had DP in US?

A

76%

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18
Q

what percent of DP were conducted by lethal injection in US?

A

89%

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19
Q

top 5 states for DP in US?

A

Texas
oklahoma
virginia
florida
missouri

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20
Q

how many executions since 1976 in texas?

A

580
37%

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21
Q

how many executions since 1976 in oklahoma?

A

120
8%

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22
Q

how many executions since 1976 in virginia?
what happened in 2021?

A

113
abolished DP in 2021

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23
Q

how many executions since 1976 in florida?

A

99

24
Q

how many executions since 1976 in missouri?

A

90

25
Q

how many executions + death sentences in 1999 in US?

A

98 executions
279 death sentences

26
Q

how many executions + death sentences in 2022 in US?

A

18 executions
20 death sentences

27
Q

how many people on death row in US?
what percent in california?

A

2414 people
29% in california

28
Q

furman v georgia 1972 declared DP too severe if:

A
  • degrading to human dignity
  • torture
  • obviously inflicted in wholly arbitrary fashion
  • capricious and discriminatory
  • clearly and totally rejected throughout society
  • patently unnecessary
  • national moratorium
29
Q

gregg v georgia 1976: supreme court upheld revised statutes of DP such as:

A
  • bifurcated sentencing process
  • aggravating vs mitigating features
  • requires system of appeals
30
Q

what was the bifurcated sentencing process in gregg v georgia?

A
  1. eligibility in principle
  2. selection specifically: this offender
31
Q

why does the US have exceptionalism to the DP?

A
  • political and historical reasons for retention
  • or is the US culturally distinctive?
32
Q

what did garland say about political and historical reasons for retention of DP?

A

‘not because of any peculiarly punitive attitudes or any deep-seated cultural commitment but because the political mechanisms for nation-wide abolition do not exist’

33
Q

how is the US culturally distinctive for having the DP?

A
  • culture of violence and revenge: vigilante values and lynching
  • cultural representation as simplistic good vs evil, leading to closure
  • parallels with 2nd amendment?
34
Q

populism: how are pro DP politicians reflecting public opinion

A

importance of symbolic toughness
- until recently few successful candidates for president, governor, or district attorney support abolition

35
Q

what happened in 1988 with populism and the DP

A

bush, dukakis, horton
- liberal, weak dukakis supported furlough policy for rehabilitation
- disastrous final tv debate

36
Q

what happened in 2020 with populism and the DP?
and 2022?

A

Little discussed by biden openly opposed to federal executions
2022 = 3 gubernatorial elections won by candidates pledging not to sign death warrants

37
Q

what issues affected public opinion for DP?

A
  • botched executions
  • political and public support reduced when LWOP available
  • 40 years in prison three times cheaper than death row/ execution
38
Q

how did botched executions happen?

A

using combination of
- sodium thiopental
- pancuronium bromide
- potassium chloride

39
Q

morales v hickman 2006

A

provided qualified physician or alter procedure
- suspension as implemented

40
Q

baze v rees 2008

A

contrary to 8th amendment only if ‘present a substantial or objectively intolerable risk of harm’

41
Q

glossip v gross 2015

A

can only challenge method of execution if known and available alternative, which prisoner can choose

42
Q

glossip v gross 2015

A

can only challenge method of execution if known and available alternative, which prisoner can choose

43
Q

when was the longest execution ?

A

2022
took 3 hours to insert IV

44
Q

In the gallup poll 2022 what percent were in favour of DP and what percent opposed?

A

55% in favour
43% opposed

45
Q

1920s UK and the DP

A

comparative european research suggested no deterrent effect; no post abolition crime wave

46
Q

1939 UK CJ bill clause to consider abolition of DP in what trials

A
  • nuremberg trials 1945-46 distaste
47
Q

what happened in CJA 1948
3 things

A

Sydeny silverman amendment
- passed in commons; rejected in lords
1. deterrent effect
2. pose WW2 crime explosion and loosening of morals
3. criminal law must reflect public opinion

48
Q

gallup poll UK 1947 for DP
what percent retain
what percent abolish

A

69% retain
24% abolish

49
Q

timeline of populism and emerging public unease of UK views on DP?

A
  1. timothy evans 1950
    - posthumous pardon 1966
  2. derek bentley 1953
    -posthumous pardon 1998
    - christopher craig only 16
  3. ruth ellis 1955
    - national trauma
50
Q

statutes that caused emerging public unease in DP

A
  • homiocide act 1957 - voluntary manslaughter
  • murder (abolition of the death penalty) act 1965
  • but majority of public support for retention
    1966 moors murderers outcry
51
Q

british social attitudes surveys 1983 and 2015

A

1983: 75% in favour of reintroduction
2015: 48% in favour - first recorded UK majority against capital punishment

52
Q

the death penalty invites reflection on what society hopes to achieve in what?

A

hopes to achieve in punishing the most serious offenders, and the limits of acceptability to punishment

53
Q

in the US the DP has been associated with

A

political acting out of symbolic toughness

54
Q

how likely is supreme court initiating abolition

A

remains very unlikely

55
Q

but moratorium by default is occuring where

A

occuring state by state

responses to crime MCQs (14 decks)

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