History Quiz / Death Penalty Law in the U.S.

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How well do you know the Death Penalty Law in the U.S.?

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Jury Composition (1968). Prior to _________, a prosecutor could remove anyone with any reservations about the death penalty. Court found that this violated the 6th Amendment (right
Death penalty is for poor and minorities. Doesn’t say these people don’t deserve it. But we can’t exempt groups of people from the death penalty. A caste system has been crea
No established deterrent effect, so cruel to use it. Response to retribution argument is that retribution is not solid argument. Retribution is a dressed-up theory of vengeance. Ma
Most compelling continuing basis for challenging the DP. Still significant and powerful. DP’s infrequency means that it can’t be serving the purposes that it’s intending to s
1980--Use of Aggravating Circumstances. Constitutionalizing a requirement of capital murder. Murder by itself is no longer punishable by death. State has to list specific facts tha
1983--Justice Stevens: Georgia required 'one or more' agg. Factors. The jury here found three. One of the factors the jury found was determined by the GA supreme court to be uncons
1990--MI statute directly instructs jurors to weigh aggravation against mitigation. WEIGHING STATE. If it’s a weighing state, and you have an unconstitutionally vague aggravator,
individualized sentencing: 1980 case that said A death sentence imposed on the grounds that a murder was “outrageously or wantonly vile, horrible, and inhuman” is arbitrary and
1978--Ohio’s mitigating factors were limited: (1) victim of the offense induced or facilitated it; (2) offender was under duress, coercion, or provocation; (3) offender’s psych
1982--The focus of the majority decision was upon the failure of the trial court to consider the mitigating circumstances attending the commission of the crime. This obligation was
1992--the Due Process Clause of the Fourteenth Amendment and the Sixth Amendment's impartial jury requirement bars a state from refusing to ask whether a potential juror would auto
1976 case in Texas. GA and FL get upheld as guided discretion statutes. LA and NC’s mandatory DP gets struck down. TX has a sort of combination statute. Doesn’t allow for mitig
You need a (1) uniquely severe condition and (2) a connection or “nexus” between your mitigation and the crime.
O’Connor argues that it’s not enough to have some vehicle that you could possibly squeeze this evidence into. You have to have an ability to give full consideration to the mora
O’Connor writes dissent in ____ saying that individualization should be a full question and the TX scheme doesn’t allow it. Unconstitutional for all mitigating evidence! Majori
______ and Johnson were about whether or not evidence of youth was problematic under the Penry statute. Prosecution’s theory would be that jury can give effect to youth under FD.
1990--upheld two important aspects of the capital sentencing scheme in Arizona — judicial sentencing and the aggravating factor 'especially heinous, cruel, or depraved' — as no
In dissent to denial of cert, Justice Blackmun agrees with Scalia on the fact that guided discretion and individualization can’t be simultaneously achieved. But, his answer is ab
1991--Holding is abolishing the per se rule that would never allow victim impact evidence. In Texas, such evidence is let in based on the fact that in order to know if mitigation i
the Court held that the death penalty was a 'grossly disproportionate' punishment for the crime of rape. Because rape did not involve the taking of another human life, the Court fo
CANNOT GET DP FOR FELONY MURDER RULE UNLESS TOOK LIFE, INTENDED TO TAKE LIFE, OR ATTEMPTED TO TAKE LIFE (get away driver, not enough).
cruel and unusual punishment clause of the Eighth Amendment and the due process clause of the Fourteenth Amendment prohibits the imposition of the death penalty upon the insane..
the Court held that a prisoner may sometimes bring a habeas petition claiming mental incompetency even if he did not raise the claim in his first petition and that state courts can
HintAnswer
the execution of mentally retarded persons is prohibited by the Eighth Amendment as 'cruel and unusual punishment'
Held: State can’t override clinical norms. Created great optimism in Texas.
5th circuit said we don’t think hall applies to Texas. The word Texas nowhere appears in the decision in Hall and therefore doesn’t apply to Texas
Unconstitutional to execute juveniles! Two main sources of evidence: (1) COURT’S OWN JUDGMENT: Court relies on science of the fact that juveniles don’t have as much judgment, b
violates the Eight Amendment's ban on cruel and unusual punishment to impose death for crime of child rape. Imprecision has been tolerated for those who’ve committed murder. It s
Jury only gives advisory report to judge and then judge decides. Probation report went to the judge without the defendant being allowed to defend or rebut its information. Supreme
Constitutionally impermissible to rest a death sentence on a determination by a sentencer who has been made to believe that the responsibility for determining the appropriateness o
Showing of actual innocence not permitted after all methods of habeas have been granted. Question left open whether under 'truly convincing' circumstances, this would permissible.
In a 7-2 decision with four concurrences and a dissent, the Court held that Kentucky's lethal injection scheme did not violate the Eighth Amendment. Noting that the inmates had con
How to prove ineffective assistance of counsel?
The Supreme Court held that: (1) counsel's performance must be deficient; and (2) the deficient performance must have prejudiced the defense so as to deprive the defendant of a fai
1987, 17 year old murder. Represented by lawyer that does 15% of work is capital cases. Establishes professional norms govern ineffective assistance. Establishes norm (later overtu
first three cases where trial counsel was found ineffective. All were decided after 2000. Stood for revised guidelines
2003): Strong evidence of guidelines as default for expectations of what trial lawyers have to do. Mitigating evidence: lived 0-6 with mom often abandoned, eating paint chips when
o Central question is about prejudice standard and how it should be applied.
person's Sixth Amendment right to effective counsel was violated when his attorney at sentencing failed to bring forward evidence of his heroic war record and other mitigating evid
2009, Court decides case on prejudice grounds. Isn’t persuaded that the mitigation the defense did not put on would have made much of a difference. In a per curiam opinion, the S
1987 The Court held that since McCleskey could not prove that purposeful discrimination which had a discriminatory effect on him existed in this particular trial, there was no cons
1992 Habeas Case-West was charged with stealing property. Challenged his conviction based on the lack of necessary evidence. This is the kind of case in which the SC is to defer to
2254(d)(1) - Application for a writ of habeas corpus shall not be granted with respect to any claim that was adjudicated on the merits in state court proceedings UNLESS the adjudic
When an inmate challenges his state death sentence on the grounds that his trial counsel was ineffective in failing to present adequate mitigating evidence, a federal habeas court
2011 Case 2254(d) sounds a lot like non-retroactivity doctrine. Non-retroactivity component built into 2254(d) so that at the time the state court makes the decision, you don’t g

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