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Death penalty in the US
Terms in this set (84)
. Who was the first person executed in what is now the U.S., when was he executed, what was his crime, and where was the execution?
captain george kendall-his crime was being a spanish spy- it occured in virgina 1608
? Approximately how many legal executions have been documented by Espy in the U. S.?
What percentage have been women?
when did the most executions occur?
Who was the first woman executed and when?
Jane Champion-- executed in Virgina colony in 1632 (charged with murdering and concealing her bastard child)
most women executed in a single year?
14 women in massachusetts in 1692 for whichcraft
Who was the youngest nonslave executed, when, what offense?
Ocuish Hannah --counnecticut on dec 20th1786 -she was hanged for murder
Who founded the abolitionist movement in America?
the quakers led- first american abolitionist was Dr Benjamin Rush
What have been the effects in the practice of capital punishment that have resulted from abolitionist efforts?
distinguishing degrees of murder (heinous enough for death or not)-- a reduction in the number of offences that warrent the death penalty- and the hiding of executions from public view- decreased the number fo annual executions
Which state/English-speaking jurisdiction was the first to enact a discretionary death penalty statute?
Tennessee in 1838
Which state (and when) was the first to abolish the death penalty for all crimes except treason?
Michigan in 1846
First state to outlaw the death penalty for all crimes?
Rhode Island in 1852
When was the first person executed under state rather than local authority?
january 20th 1864 (Sandy Kavanagh)
What is the race of most juveniles executed (know %) and what is the race of their victims (know %)?
69% of juv executed have been black-
When was the last public execution in the U.S. and where did it occur?
Galena Missouri in 1937
What happened to the number executions in the 1950s?
number of executions decreased dramatically
What is the relationship between race, states that used lynching and current use of the death penalty?
States with a lot of black that were more likely to have used lynching in the past are the most likely to use death penalty today
How many states currently do not have death penalty statutes?
Are there any other U. S. jurisdictions that do not have the death penalty?
District of Columbia
How many jurisdictions total have death penalty statutes?
Approximately what percentage of all executions in the U.S. were conducted during this country's first two centuries?
less than 10%
In what decade did executions reach their highest?
What was the yearly average in 1930?
In what year did we execute the most people?
How many people did were executed in 1935?
In what case did the Court rule that a second execution did not violate the rights of the offender is the first attempt failed?
Louisiana ex rel. Francis v. Resweber (1947)
What case (and when) had to do with the Scottsboro boys?
Powell v. Alabama (1932) -first case to apply the 14th amendment (right to council) due process clause to capital cases in state courts.
. In what decade did challenges to death penalty start focusing on the fundamental constitutionality?
Which constitutional amendment presumably authorizes the death penalty?
On what basis did Professor Gottlieb argue against capital punishment
Contemporary moral standards
Which organizations' attorneys spearheaded the 1960s challenge to the constitutionality of the death penalty?
NAACP legal and educational fund
Who was the "front man" or leader of that argument? (NAACP challenge death penalty)
What was the first year without legal executions in American history?
During what years were there no executions in the US?
What is meant by death-qualified jurors?
Must be willing to give a death sentence
What does research show about death-qualified jurors?
1.Less concerned with due process and more inclined to side with the prosecution
2.less knowledgeable and has misconceptions
3.less likely that innocent people are convicted of capital crimes
4.believes that the death pen deters murder
5. do not believe it is unfair to minorities
6.less likely to believe that life without parole means no release
In what case did the U. S. Supreme Court declare the death penalty as it was then administered to be unconstitutional?
Furman v Georgia 1972
In which case did the Supreme Court rule that mandatory death sentences were unconstitutional?
Woodson v. north Carolina Roberts v. Louisiana joined that case
When did the moratorium on executions end and the U. S. Supreme Court reinstate the death penalty? What case (year)?
1976 Greg v. Georgia jerk v Texas profit v Florida
What conditions for capital punishment were set out by this ruling? (reinstate the death penalty)
? Guided digression, bifurcated trials, justification for procedural safeguards, automatic appellate review (proportionality not forced but optional)
What is meant by proportionality review?
Appellate courts compare with similar cases to eliminate disparities
Is it required in all death penalty cases (appellate review)
What are the types of guided discretion?
Mitigating v. aggravating, aggravating only, structured digression (Texas)
What did Radin call the procedures that are prescribed to ensure lawful application of the death penalty?
Super Due Process
What is meant by the "death is different principle?"
Since you can't change death you have to treat it differently
Do all states currently (as of 2009) have automatic review regardless of the defendant's wishes?
What has the Supreme Court ruled about whether the courts must allow mitigating evidence?
they must consider mitigating evidence
Are all aggravating circumstances equally important?
What are typical mitigating circumstances or factors in capital cases according to your book?
? First offence-extreme mental or emotional disturbance-if the participant-minor or accomplice-under arrest of domination-age to comform to law9not statuatorly defined)
What kinds of instructions to the jury does the defendant have the right to if future dangerousness has been argued?
Psychiatric evidence -life sentence means no possibility of parole
What is required for a statutory aggravating circumstance to withstand constitutional challenge?
? State high court must adequately clarify its meaning and the meaning must be applied independently to the facts of the case
What has the Supreme Court ruled about victim-impact statements?
Are they currently admissible?
At what stage?
they do not violate the 8th amendment
What are criticisms of the use of victim-impact statements?
cannot be refuted and can lead to unfair results
What is the average time between death sentence and execution (2009)?
What was the basis of the Miller-El ruling?
Racial bias in jury selection ( Dallas county)
In what type of death penalty cases does the Supreme Court rule?
only constitutional issues
In terms of the 8th Amendment, how has the Supreme Court defined insanity and in what case
Has to comprehend the meaning of the punishment- ford v wayneright
What did the Supreme Court rule about last minute stays of execution and claims of innocence?
Compelling evidence of innocence is not a reason for the Supreme Court to issue a stay of execution
What actions can be taken by a state court of appeals in a capital case?
Filing for executive clemency
What has the court said about actual innocence and hearing in Federal Court?
not their problem
How many Justices must vote to hear a case before the Supreme Court hears it?
How many justices does it take to stay or stop an execution?
What did the Supreme Court rule about imposing a death sentence at retrial when life was given the first time?
that they cannot issue death in a retrial if it was not the original sentence
What did the Court rule in Ring v. Arizona?
Juries not judges determine if death is appropriate penalty
. What does recent polling show as the number one reason for supporting the death penalty?
Why do some family members not want their relative's killer executed?
May be opposed to death penalty-staying in prison is a better punishment-belittle the memory of person lost-some want to avoid the long contact with the criminal justice system -aviod public attention-
How do victims' family members differ from offenders family members?
They no longer have contact with the people they lost
What messages is given to some victims' families when the death penalty is not sought?
That their family member is not as valuable as in the cases where the death penalty is sought
How does Professor Radin differentiate between retribution and revenge?
Revenge is private retribution is public or communal
How does the leadership of various religious denominations stand on the death penalty?
some are for it by 61% oppose it
Did Hebrew law make it easy to execute?
Furman v. Georgia-
1972- capital punishment as administered was unconstitutional by the 8th and 14th amendments
, McCleskey v. Kemp
evidence of racial disparities in capital cases
, Gregg v. Georgia
1976-reinstated the death penalty
Enmund v. Florida
1982- death sentence for people who didn't kill or intend to kill violates the 8th amendment
Tison v. Arizona
1987- execute participants who show reckless indifference endangerment for human life
Roper v. Simmons
2005- prohibits killing minors (set age at 18)
Atkins v. Virginia
2002- execution of a retard violated 8th amendment left determining retardation status
Emmett v. Kelly
2008- lethal injection was not cruel and unusual
Herrera v. Collins
1993- defendants' claim of actual innocence does not entitle him to live
Woodson v. North Carolina
1976- mandatory death sentences violate the constitution rights
Ford v. Wainwright,
1986-mentally insane cant be executed (must understand)
Scottsboro v. Alabama,
1932 extended effective right to council
in re Francis v. Resweber; second execution is legal
Ring v. Arizona
Jury not judge should decide a death sentence
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