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Death Penalty Test 3
n/a
100
Criminology
Undergraduate 4
12/07/2009
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Term
The number of pardons granted to condemned inmates between 1973 and 2006.
 Definition
224
Term
The state in which the current moratorium movement began.
 Definition
Illinois
Term
Problems experienced by the families of death row inmates.
 Definition
stress, grief, depression and other medical illness, self-accusation, social isolation, powerlessness, demoralization, and family disorganization
Term
The approximate percentage of jurors who acknowledge sentencing instructions did not guide their decision making on punishment but served instead as an after-the-fact facade for a decision made prior to hearing the instructions (according to evidence from the Capital Jury Project)
 Definition
75%
Term
The percentage of the reversals by state post conviction courts in which the defendant was found to be innocent of the capital crime (according to the Liebman Study).
 Definition
2/3
Term
The approximate percentage of people in the United States who support the death penalty for first-degree murder.
 Definition
65%
Term
The approximate percentage of executions for the crime of rape that have occurred in the south since the 1930s.
 Definition
60%
Term
The foremost cause of wrongful convictions in capital cases found by Bedau and Radelet.
 Definition
witness perjury
Term
The percentage of 2006 Gallup Poll respondents that preferred the death penalty as the better penalty for murder when given the choice between death and life imprisonment.
 Definition
47%
Term
The approximate percentage of studies that found that race of the defendant influenced the likelihood of being charged with a capital crime or receiving the death penalty, according to a 1990 evaluation synthesis of 28 studies prepared by the U.S. General Accounting Office.
 Definition
28 studies
Term
According to the same source, the percentage of the studies that showed that race of the victim influenced being charged with a capital crime or receiving the death penalty.
 Definition
more than half
Term
In a study of 381 murder convictions since 1963 that have been reversed because of police or prosecutor misconduct, the number of prosecutors who broke the law who were convicted and disbarred for the misconduct.
 Definition
none
Term
In a recent study prepared for the ABA by professors Baldus and Woodsworth, the approximate percentage of death penalty states in which race of victim disparities were found.
 Definition
nearly half
Term
The type of prosecutor misconduct that occurred most frequently in a study of 88 cases under post-Furmann statutes in which people were completely exonerated for crimes in which they were sentenced to die.
 Definition
withholding exculpatory evidence
Term
According to the Liebman study, the approximate percentage of the fully reviewed state death sentences imposed between 1973 and 1995 that were reversed at one of the appeal stages because of serious or prejudicial errors.
 Definition
2/3
Term
What Bohm and his colleagues discovered about the abstract death penalty measures when they conducted a follow-up study of their subjects two to three years after their subjects completed the death-penalty class.
 Definition
rebounded to near their initial pretest positions
Term
The Supreme Court justice who believed that "given information about the death penalty, the great mass of citizens would conclude that the death penalty is immoral, and therefore unconstitutional."
 Definition
Justice Marshall
Term
How the families of death row or executed inmates are different from the families of the victims of any other kind of violent death.
 Definition
know for years that the state intends to kill their relative; their relatives deaths will come from authority persons , not a breakdown is social order; their relatives are publicly disgraced and shamed; their relatives deaths are not mourned and regretted the way other violent deaths are
Term
The respondent characteristic that showed the greatest variation in the 2006 Gallup death penalty poll.
 Definition
ideology
Term
The theories of racial discrimination in the administration of the death penalty.
 Definition
intentional discrimination; unconscious psychological process of racial identification (empathic divide); institutional racism; the continuing practice of racial discrimination in the administration of the death penalty is evidence that capital punishment serves other latent purposes
Term
The percent of religious organizations in the United States that officially support capital punishment, according to a recent survey.
 Definition
17%
Term
The year in which the fewest people in the United States have supported the death penalty, according to the Gallup organization.
 Definition
1966
Term
The reasons some family members do not want their relatives killer executed.
 Definition
general opposition to death penalty; execution would belittle or diminish memory of their relative; desire to avoid prolonged contact with criminal justice system that the death penalty requires; desire to avoid public attention; preference for the finality of LWOP and the obscurity in which the defendant will quickly fall; desire for defendant to have a long time to reflect on their deed, perhaps feel remorse for it; hope someday their can be mediation or reconciliation between the family and the offender; and if the offender is a relative, for obvious reasons
Term
The policy reform that would greatly improve the accuracy of eyewitness identifications.
 Definition
videotape the lineups; tell eyewitness (EW) that suspect might not be in line up; independent examiners should conduct all lineups; examiners should not know who the suspect is; EW should be told not to assume the examiner knows who the suspect is; when examiner does not know the suspect, a sequential procedure should be followed; lineup “fillers” should look like the witness description, not the potential suspect; EW should rate the certainty of their identifications when they make them; testimony of a single EW, without any other corroboration, should never be death eligible
Term
The approximate percentage of death penalty states in which race of defendant was found to be a significant predictor of who would receive a death sentence, according to a study prepared for the ABA.
 Definition
50%
Term
The most common type of clemency employed in capital cases.
 Definition
reprieve
Term
The number of people who have been released from death rows because of evidence of their innocence between 1973 and March 2007.
 Definition
123 people
Term
The percentage of post-Furmann executions that have taken place in the south.
 Definition
82%
Term
The percentage of people executed for the crime of rape in the U.S. since 1930 that were black.
 Definition
89%
Term
The number one reason for favoring the death penalty, according to the Gallup poll.
 Definition
retribution
Term
The stage of the death penalty process in which most errors occur, according to Gross.
 Definition
police investigation, “shoddy investigation”
Term
The number of Clarence Darrow's clients in more than 100 capital trials that were sentenced to death.
 Definition
0
Term
The percentage of people convicted of murder the American public believes is innocent, according to a recent survey.
 Definition
12%
Term
The approximate percentage of those persons executed in the US since 1608 that have been innocent, according to M. Watt Epsy Jr.
 Definition
5%
Term
The standard method of judicial execution in biblical times.
 Definition
stoning
Term
The length of time the state of Virginia gives a capital defendant to make a claim of innocence following conviction.
 Definition
within 21 days following conviction
Term
The demographic characteristic for which differences between the opinions of death penalty proponents and opponents have been greatest on average.
 Definition
race, sex, political party, and income
Term
The Supreme Court Case that provided guidelines for determining when counsel is ineffective.
 Definition
Strickland v. Washington
Term
The characteristics of executed women.
 Definition
very poor, uneducated, and in the lowest social class in the community
Term
The approximate percentage of the reversals by state post conviction courts in which the defendant deserved a sentence other than death when the errors were cured on retrial, according to the Liebman study.
 Definition
82%
Term
The name of the allegedly innocent man executed for the kidnapping and murder of the Lindbergh baby.
 Definition
Bruno Hauptmann
Term
The percent of registered voters in a national survey that believed that an offender sentenced to life imprisonment without the possibility of parole would never be released from prison.
 Definition
11%
Term
What Justice Powell told his biographer about his vote in the McCleskey case.
 Definition
“I have come to think that capital punishment should be abolished… [because] it serves no useful purpose
Term
The number of people eligible to view McVeigh's executions who were willing to do so.
 Definition
¼ of 1,100
Term
The case in which the Supreme Court created the harmless error rule.
 Definition
Chapman v. California
Term
The murderer who was allowed to plead guilty to 48 murders, thus gaining the distinction of pleading guilty to more murders than any other serial killer in American history.
 Definition
Gary Ridgway
Term
The number of states that gave inmates the right to use the latest DNA testing, as of 2006?
 Definition
40 states
Term
Whether states without capital punishment have elevated levels of personal revenge.
 Definition
no
Term
How soon many capital murders believe murderers will be back on the streets, according to findings from the Capital Jury Project.
 Definition
15 years or less
Term
Whether a prosecutor's decision to charge a person with a capital crime is renewable.
 Definition
not reviewable
Term
What Professor Lord and his colleagues found about the effect of death penalty information on people's death penalty opinions.
 Definition
Professor Lord and his colleagues found that information about the death penalty polarized opinions, instead of changing them from in favor to opposed or visa versa.
Term
What research shows about witnesses who are certain about their identifications.
 Definition
Innocence Project discovered that 82 % of the wrongful convictions were at least in part due to mistaken identification by an eyewitness or victim.
Term
The percentage of death sentences reversed because of serious or prejudicial errors.
 Definition
2/3
Term
What research shows about people's willingness to impose the death penalty, as indicated by public opinion polls.
 Definition
65%
Term
What decades of research shows about eyewitnesses.
 Definition
not very good at ID ing. especially when they are under stress or the victim or perp is of another race.
Term
What research shows about jurors and their sentencing decisions.
 Definition
75% of jurors acknowledged that sentencing instructions did not guide their decision making on punishment.
Term
The difference between arbitrariness and discrimination.
 Definition
# Arbitrariness is the irregular/disproportionate application of the death penalty as apposed to the application of the death penalty towards a specific defendant (discrimination)
Term
What research shows about family members of capital defendants who themselves have been victims of violent crime.
 Definition
# (abbreviated) - That both victim’s families and families of death row inmates also experience stress and grief as well as other things. However because of the Capital defendant family relatives being of lower class and inequalities it is likely the sentencing was done with much severity!
Term
The year the printed mass media first described "closure" as a major objective of the death penalty, according to professor Zimring.
 Definition
1989 the year that printed mass media printed "closure" as the reason for the death penalty.
Term
The effect that super due process has had on wrongful convictions.
 Definition
It does not appear that super due process protections have made much difference in the incidence of wrongful convictions in capital cases.
Term
What Bohm and his colleague discovered about the abstract death penalty opinion measures when they conducted a follow-up study of their subjects more than ten years after the subjects completed the death penalty class.
 Definition
In revealed a small increase on support for the death penalty compared to that of the first fowl up study conducted 2-3 years after the Death Penalty.
Term
The role clemency plays in the capital punishment process.
 Definition
Clemency provides a last minute or final opportunity to consider whether the death penalty should be imposed.
Term
The death penalty position of the leadership of most religious denominations in the US today.
 Definition
The leaders of most organized religions in the United States no longer support the death penalty and actually support its abolition!
Term
How black proponents of the death penalty compare with white proponents.
 Definition
Black proponents are often upper class, clean record, never been arrested, afraid of crime, think criminals should be dealt with harder, live in urban areas and live in the south
Term
What the principle source of discrimination in the administration of the death penalty probably is.
 Definition
Race
Term
The major problem in police investigation of capital crimes.
 Definition
When police are able to solve cases in a short time, they cut corners and MAY manufacture or destroy evidence to convict and individual
Term
The ways moral disengagement of capital jurors is reduced.
 Definition
moral disengagement is conducted or managed by dehumanization of the defendant
Term
The role of the death penalty in the 40-nation council of europe.
 Definition
Term
What a sign in the Dallas County, Texas prosecutor's office says.
 Definition
"Convicting the guilty is easy, its the innocent that keep us up late at night"
Term
Whether there are geographical variations in Florida and Georgia when it comes to capital punishment, and if there are, what they are.
 Definition
Florida compared to Georgia has certain guidelines for the appointment of counsel a.) List the qualified Council b.) The appointment of council (affective) and co council based on written documentation and experience.) Lead council must be given assignments only if 1.) They are affective practitioners of lengthy term 2.0 members of the bar 3.) Prior experience d.) Co council must be as affective and appeal to the same guidelines that Lead council does, also accept provisions in the assistance of council to lead council e.) Technical requirements maybe required in some council’s depending on the council’s needs of the defendant, otherwise if conducted in the appellate court the council must have a good understanding of the appellate processes.
Term
The way jurors regard exactly the same mitigating and aggravating evidence in white defendant and African American defendant cases.
 Definition
mitigating issues are considered more so for white defendants rather than black defendants such as prior history etc
Term
The position on the death penalty of the National Conference of Catholic Bishops of the US.
 Definition
The National Conference of Catholic Bishops argued that the death penalty is "uncivilized", "barbaric" and an assault on the "sanctity of human life"
Term
The race of the majority of the people on death row in the US.
 Definition
white
Term
What the capital jury project found about juror's views about alternatives to death sentences.
 Definition
That they did not understand the sanctions of most sentences so therefore opted for the death penalty because they did not want the criminal on the street
Term
How clients of court appointed attorneys compare with clients of private attorneys in death penalty cases, according to a Texas study by the Governor's Judicial Council.
 Definition
3/4 of the clients of judicial appointed council are sentenced to death however only 1/3 of private council are given the death penalty
Term
The year in which the majority of Americans opposed the Death Penalty
 Definition
1966
Term
For what crimes is the eye for an eye maxim imposed.
 Definition
Only for murder
Term
The specializations of many lawyers appointed by judges in capital cases.
 Definition
Judges will appoint any lawyer licensed to practice law to represent a capital defendant, even if the lawyer's practice is limited to divorce law and real estate.
Term
Whether prosecutor's can be civilly sued for knowingly allowing perjured testimony or deliberately concealing evidence of innocence.
 Definition
No they can not if found to be with-holding evidence they case can be overturned and the criminal walks free.
Term
What research shows about the wording of death penalty opinion questions and response categories.
 Definition
even a small change in the wording of questions and responses categories can make an important difference in the distribution of opinions
Term
What research shows about crime victims grieving and recovering.
 Definition
Healing is a process not an event most argue that the death penalty never heals only time and self healing, helps the victims to heal. "There is no closure, and there never, never will be"
Term
The type of error discovered most frequently by State appellate courts today.
 Definition
Term
What research shows about the effect of the criminal justice system on capital crime victims' families.
 Definition
Term
The role of the death penalty in the European Union.
 Definition
There is none
Term
The number of jurisdictions that have provisions for granting clemency.
 Definition
All 50 states the federal Government and the US military.
Term
What must be shown to win a claim of ineffective counsel.
 Definition
An invocation of the ABA standards of affective council p260-264?
Term
The way racially discriminatory intent must be shown in capital cases, according to the Supreme Court.
 Definition
Term
The way defense attorneys are compensated in capital cases.
 Definition
poorly with an average income of 3$ an hour as late as 2004 in Florida, with a cap of 3500$
Term
Whether the number of innocent death row inmates being released is increasing or decreasing.
 Definition
increasing
Term
The effect of having only one black male on a capital jury, according to evidence from the capital jury project.
 Definition
Blacks are most likely to appose the death penalty and therefore suffer the most peremptory challenges seen in court houses.
Term
The reason that European Countries do not have the death penalty, according to Judge Paul Cassell.
 Definition
He believes that they are less democratic than the U.S or they arte more insulated from public opinion.
Term
What happened between 1968 and 1977 with regard to personal revenge.
 Definition
No apparent Increase in personal revenge.
Term
The number of government officials who have admitted to being involved in the execution of an innocent person in the 20th century.
 Definition
Term
A particular problem with most miscarriages of justice.
 Definition
Application of innocence?
Term
If you were to plot death penalty support and opposition over time, the shape you would observe.
 Definition
V shape
Term
How the death penalty is viewed in Europe.
 Definition
After the abolishment it is now viewed oppositely to that of the United States p382 they do not support the death penalty.
Term
What discrimination is a violation of in the context of capital punishment.
 Definition
Any violation of the equal protection clause of the 14th amendment and of special restrictions on the use of capital punishment under the 8th amendment?
Term
What a Brady violation is.
 Definition
A prosecutors concealment or misrepresentation of evidence
Term
For what appellate courts will reverse convictions and sentences.
 Definition
only for serious or prejudicial errors that have been properly preserved
Term
The effect of the Supreme Courts decision in Roper v. Simmons.
 Definition
Roper vs. Simmons made it unconstitutional to put to death those under the age of 18 after the year of 2005
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