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93 Cards in this Set

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According to Professors Nakell andHardy, what is the difference between arbitrariness and discrimination?
Arbitrariness is random, whilediscrimination is deliberate
Duringthe high point of executions in the United States in the 1930s, approximatelywhat percent of all death-eligible offenders were executed?

20%
Whatmurderer was allowed to plead guilty to 48 murders, thus gaining the distinction of pleading guilty tomore murders than any other serial killer in American history?

Gary Ridgeway
Howmany times more capital offenders have been executed in the South than in anyother region of the United States under post-Furman statutes?

3.8 times
Approximatelywhat percent of post-Furmanexecutions have taken place in the South?

82%
Arethere variations in capital crime convictions in different geographical areasof Florida and Georgia?

Yes
Whatdid a recent study of Virginia death sentencing practices find aboutprosecutors and seeking a death sentence in different areas of the state?
The strongest predictive factor waslocation of the prosecution
Whatpercent of all homicides occurred in the South in 2009?

45%
According to a recent study, whatpercent of U.S. counties accounted for all death sentences imposed between 2004and 2009?

10%
Whatdoes research show about jurors and judges’ capital-sentencing instructions,especially those pertaining to mitigating circumstances?
Jurors commonly misapprehend judges'capital sentencing instructions, especially those concerning mitigatingcircumstances.
Whatdoes research show about when jurors make their sentencing decisions, and whatthose decisions oftentimes are?
Many jurors inappropriately made theirsentencing decisions before the sentencing phase of the trial began, andoftentimes these decisions have been pro-death.
Whatdo data from the Capital Jury Project reveal about jurors’ views about thealternatives to a death sentence, and what are the consequences?
Jurors frequently have mistaken viewsabout the alternatives to a death sentence and, consequently, vote for deatheven though they would have voted for life if they were assured that thedefendant would never be released from prison or would not be released for along time.
According to a recent study, what frequentlydetermined whether the prosecutor sought and the jury imposed the deathpenalty?
Victim’s social class
Whatwas ironic about the timing of John Spinkelink’s execution?
He could have already been paroled ifhe had plea-bargained and accepted the uncontested second-degree murderconviction offered him by the state of Florida.
Approximatelywhat percent of all homicides do women commit?

10%
Beforewhat year were nearly 90 percent of the women executed in the United Statesexecuted?

1866
About what percent of death rowpopulations were comprised of women, as of late 2010?

1.7%
Accordingto the evaluations of Psychiatrist Dorothy Lewis and her colleagues during themid-1980s, what problem characterized the most juvenile death row inmates?
Suffered head injuries
Didthe Supreme Court’s decision in Roper v.Simmons (2005) end age discrimination in the application of the deathpenalty?

No
From 1800 to 2002, what percent ofall persons executed in the United States were African Americans?

50%
From the early 18th century throughthe mid-20th century, how many times higher were African American executionrates, on average, than white execution rates?

9 times
Approximatelywhat percent of those people executed in the South since 1930 have been black?

72%
Approximatelywhat percent of executions for the crime of rape have occurred in the Southsince 1930?

97%
Approximatelywhat percent of those people executed for the crime of rape in the U.S. since1930 were black?

89%
Ina recent study prepared for the American Bar Association by Professors Baldusand Woodworth, in approximately what percent of death penalty states wererace-of-victim disparities found?

93%
Ina recent study prepared for the American Bar Association by Professors Baldus andWoodworth, in approximately what percent of death penalty states was race ofdefendant found to be a significant predictor of whom would receive a deathsentence?

Nearly 50%
Ina study of death-eligible murderers in Philadelphia, Pennsylvania between 1983and 1993 by Professor Baldus and his colleagues, how many times greater chanceof receiving a death sentence did African Americans have when compared tosimilarly situated defendants, even after controlling for a variety of factorsincluding severity of offense and background of defendant?

4 times
Ofthose people executed under post-Furmanstatutes, approximately what percent of their victims were white?

80%
Whatrace has a majority of persons executed under post-Furman statutes been?

White
Inwhat type of cases under Georgia’s post-Furmandeath penalty statute did Law Professor Baldus and his colleagues find thatrace-of-victim effects were particularly strong?
Midrange of cases when prosecutors andjuries have the greatest room for the exercise of discretion.
Whatis probably the principal source of discrimination in the administration ofcapital punishment?
The exercise of prosecutorialdiscretion
Isa prosecutor's decision to charge a person with a capital crime reviewable byan appellate court?

No
Accordingto evidence from the Capital Jury Project, approximately what percent of jurorsacknowledge that sentencing instructions did not guide their decision-making onpunishment but served instead as an after-the-fact façade for a decision madeprior to hearing the instructions?

Nearly 75%
Accordingto findings from the Capital Jury Project, many capital jurors believemurderers will be back on the streets far too soon. How soon do they believemurderers will be back on the streets?
About 15 years or less
Are capital juries generallyrepresentative of the community from which they are drawn?

No
According to research, what affectdoes negative information about a capital offender by the media have on apotential juror?
The more negative information about acapital offender a potential juror was exposed to by the media, the more likelythe potential juror was willing to convict the offender prior to his/her deathpenalty trial.
Underwhat seemingly legitimate conditions are judges still reluctant to grant changeof venue motions?
When prejudicial publicity has been extensive,community awareness of the crime is very high, and there is significantprejudgment of the case in the communities where the trial is to be held.
Accordingto research, what affect do judicial instructions have on the biasing effectsof pretrial publicity?
The biasing effects of pretrialpublicity are not reduced by judicial instructions to ignore it.

What influence does legal doctrine that allows detailed discussion during the penalty phase of prison conditions or future prospects should the defendant besentenced to life imprisonment without opportunity of parole have on the moraldisengagement of capital jurors?

Legal doctrine that does NOT allowdetailed discussion during the penalty phase of prison conditions or futureprospects should the defendant be sentenced to life imprisonment without theopportunity of parole contributes to the moral disengagement of capital jurors.
Approximately what percent of the nearly 1,000 defendantssentenced to death in California between 1973 and 2010 have been executed?

1.4%
Whatdoes established legal doctrine presume about jurors’ understanding andfollowing judges’ instructions?
That they understand and follow judges'instructions, even when they do not.
Doeslong-standing legal doctrine allow jurors to research on their own the meaningsof key terms about which they are confused?

No
Whatdoes research show about how jurors regard exactly the same mitigating andaggravating evidence depending on whether it is offered in a case in which thedefendant is white as opposed to one in which he is African American?
Jurors were more likelyto consider mitigating evidence for whites than for black and even sometimesswitched mitigating circumstances into aggravating factors for blacks
Whatdoes research show about how jurors treat testimony that the defendant wasabused as a child, had untreated psychological problems, and was a drug abuserfor white defendants compared to black defendants?
For a white defendant, as a mitigatingcircumstance and used it as an aggravating circumstance for black defendants
Basedon evidence from the Capital Jury Project, what effect does the presence ofonly one black male on the jury have on the likelihood of a death sentence?
It reduces the chances of a deathsentence by nearly half
What does research show about poorly understood jury instructionsand their effects on black and white defendants?
White defendants benefitted from theincomprehension, while black defendants were punished for it.

Whatconcept refers to an unconscious psychologicalprocess by which racially discriminatory outcomes can be produced as “cool, distant, and indirect” and manifestednot by negative attributions toward out-group members (e.g., blacks) but ratherby attributing more positive attributes to in-group members (e.g., whites)?
Modern Racism
Indeath penalty cases, has the Supreme Court allowed racially discriminatoryintent to be inferred from "a clear pattern, unexplainable on grounds otherthan race?"

Yes
Accordingto Judge Paul Cassell, what are black-on-white murders more likely to involve?
Aggravating factors
Whatdid Justice Lewis Powell tell his biographer about his vote in the McCleskey case?
That he would change his vote
Accordingto recent public opinion polls, what is the number one reason for favoring thedeath penalty?

Retribution
Accordingto Professor Radin, what is the difference between "retribution" and"revenge?"
Revenge is a private act between oneperson/group and another and may or may not be justified, but retribution is apublic act
Accordingto Professor Finckenauer, what is the difference between retribution as revengeand retribution as "just deserts?"
Retribution as revenge is when thecriminal is "paid back" and is out of vindictiveness; retribution as"just deserts" is when the criminal pays back for the harm he/she hasdone
Whichone of Philosopher Cottingham's nine theories of retributive punishment is theone he argues captures the basic or fundamental notion of retribution?

Repayment Theory
Whatmodels of the public’s punitiveness did Professors Unnever and Cullen describein a recent study?
The crime-distrust model, the moraldecline model & the racial animus model
Whatdoes evidence suggest would happen in terms of personal revenge by relativesand friends of the victim if capital punishment in the United States wasabolished?
There is no evidence that suggests thatpersonal revenge would increase if the death penalty were abolished.
In a 2008 national opinion survey, approximately what percent ofrespondents chose closure (“It will give the victim’s family closure”) as theirmost important reason for supporting the death penalty?

Only 3.8%
Whatdoes research on capital crime victims’ families show?
Reveals that co-victims, includingsome who support capital punishment, who bristle at the contention thatexecutions bring closure. For them, execution is an outcome, but never closure.
Whatare problems experienced by families of death row inmates?
Stress, grief, depression and othermedical issues, self-accusation, social isolation, powerlessness,demoralization, and family disorganization.
Accordingto research, for what type of revenge does the public support the deathpenalty?
Vindictive revenge
Withonly a few exceptions, what is the position of the leadership of most religiousdenominations in the U.S. today towards the death penalty?
They felt that capital punishment isinconsistent with efforts “to promote respect for human life, to stem the tideof violence in our society and to embody the message of God’s redemptive love.”
Accordingto a recent survey, what percent of religious organizations in the UnitedStates officially support capital punishment?

17%
Whichreligious groups currently support the death penalty?
Protestant, Catholic & Jewish
Accordingto a 2007 survey, what percent of U.S. Catholics favored the death penalty?

60%
Whatwas the standard method of judicial execution in biblical times?

Stoning
Accordingto proponents of the death penalty, what is the translation of the SixthCommandment in the original Hebrew?
“Thou shalt not commit murder”
Whatmethods of execution did religious authorities create?
They created some of the more barbaricmethods of execution including: the rack, the wheel, the iron maiden, burningat the stake, and impaling in the grave.
Accordingto recent Gallup polls, approximately what percent of people in the UnitedStates support the death penalty for first-degree murder?

64%
Accordingto the Gallup polls, what has been the highest percentage of people in theUnited States to support the death penalty for first-degree murder?

80%
Accordingto the Gallup polls, in what year did the highest percentage of people in theUnited States support the death penalty for first-degree murder?

1994
Accordingto the Gallup organization, in what year have the fewest people in the United Statessupported the death penalty?

1966
Inwhat year for which public opinion polls are available did a majority ofAmericans oppose capital punishment?

Never happened
Whatdoes research show about the wording of death penalty opinion questions and theresponse categories that are provided?
It is doubtful that a subtle differencein the wording of death penalty opinion questions significantly alters theresulting opinion, bet even a small change in the wording of questions andresponse categories can make an important difference in the distribution ofopinions.
According to the Death PenaltyInformation Center, what year was perhaps the most significant single yearaffecting death penalty opinion in United States history?

2000
Whichconservative commentators have not criticized the death penalty?
Robertson, North, Osborne, and Willhave all criticized the death penalty
Forwhat demographic characteristic have differences between the opinions of deathpenalty proponents and opponents been greatest (on average)?
Race, income, gender, politics,and region of the country
Whatare characteristics of black proponents of the death penalty?
They tend to be male, married,politically conservative, high income, come from middle-upper class background,live in urban areas, and the South, are afraid of crime, have never beenarrested, and perceive that the courts are too lenient with criminals.
Whathas research found about religious belief about the death penalty in generaland Protestant support for the death penalty in particular?
That Americans who believe in awrathful-punitive God are more likely to support the death penalty forconvicted murderers than those with a personal relationship with aloving-forgiving God.
WhatSupreme Court Justice believed that, given information about the death penalty,"the great mass of citizens would conclude . . . that the death penalty isimmoral and therefore unconstitutional?"
Justice Marshall
Whatdid Professor Lord and his colleagues find about the effect of informationabout the death penalty on death penalty opinions?
That it polarized opinions, instead ofchanging them from favor to opposed or vice versa.
Whatdoes research show about information about the death penalty and public supportfor it that is contrary to the expectations of many death penalty opponents?
Information may not significantlyreduce the public support.
Whatdid Bohm and his colleagues discover about death penalty opinions?
Knowledge had little affect on opinions
Ina 2010 Gallup poll, approximately what percent of respondents preferred thedeath penalty as the better penalty for murder when given a choice of the deathpenalty or life imprisonment with absolutely no possibility of parole?

49%
Whatdo studies show happens to death penalty opinions when people are given theoption between the death penalty and life imprisonment with absolutely nopossibility of parole and the payment of restitution by the offender (who wouldwork in prison industry) to the victim's family or the community?
Supporters of death penalty drop
Ina national survey, what percent of registered voters believed that an offendersentenced to life imprisonment without possibility of parole would never bereleased from prison?

11%
Whatdid a recent study find about people’s willingness to impose the death penalty?
That it may be greater than publicopinion polls indicate
Whatdid Kohlberg and Elfenbein find in their 20-year study of the development ofmoral judgment in American males?
Nonfactual cognitive components ofattitudes (opinions) toward capital punishment are determined by developingmoral standards as opposed to irrational, purely emotional factors.
Accordingto Judge Paul Cassell, why do European countries not have the death penalty?
Less democratic than the U.S.
Whathas been the trend in public opinion in countries that have abolished capitalpunishment?
A majority of citizens whosupported retention at the time of abolition and shortly thereafter.
Accordingto the author of your text, what is the key to understanding temporalvariations in death penalty opinions?
Understanding the fear and anxietyengendered by social events of an era
Accordingto the author of your text, what do levels of death penalty support andopposition seem to demarcate?
The threshold level of people'stolerance of media-reported crime and, at the same time, serve as an indicatorof people's threshold tolerance of social change
According to Professors Steiker and Steiker, what is the inherentdanger in constitutional litigation of capital punishment?
Insulation and entrenchment of capitalpunishment if the constitutional challenges are brought and rejected,especially by the Supreme Court
According to Professor Baumgartner and his colleagues, why is aggregate changein death penalty opinion a slow process?
It’s not a salient issue for mostpeople, and Americans' views on the death penalty are closely tied to theirmoral and religious beliefs.