Question 1

Aggravating-only statutes:

Accepted Answer

A)  Call upon a jury to answer specific questions after hearing all evidence presented by either aggravating or mitigating factors 
B)  Require that the jury is to first consider whether any aggravating factors exist 
C)  Require a jury to consider statutory aggravating factors and then decide whether those factors warrant the death penalty 
D)  Both a and b, but not c 
A)  Call upon a jury to answer specific questions after hearing all evidence presented by either aggravating or mitigating factors 
B)  Require that the jury is to first consider whether any aggravating factors exist 
C)  Require a jury to consider statutory aggravating factors and then decide whether those factors warrant the death penalty 
D)  Both a and b, but not c

Question 2

Many capital cases heard by the Supreme Court have revolved around procedural and statutory issues involving aggravating and mitigating circumstances

Accepted Answer

A) True 
 B)False

Question 3

Texas's death penalty statute is an example of the aggravating-versus-mitigating scheme.

Accepted Answer

A) True 
 B)False

Question 4

In Barefoot v. Estelle, the Court upheld psychiatric testimony about the future dangerousness of the defendant as an aggravating factor justifying the sentence of death.

Accepted Answer

A) True 
 B)False

Question 5

The eligibility function:

Accepted Answer

A)  Serves to guide the selection of those for whom the death penalty is appropriate 
B)  Is a filter ensuring that the death penalty is available in all cases 
C)  Is a filter ensuring that the death penalty is available in only the most extreme cases 
D)  All of the above 
A)  Serves to guide the selection of those for whom the death penalty is appropriate 
B)  Is a filter ensuring that the death penalty is available in all cases 
C)  Is a filter ensuring that the death penalty is available in only the most extreme cases 
D)  All of the above

Question 6

_________ circumstances are factors that make an offense or the offender "worthy" of receiving the death penalty.

Accepted Answer

A)  Both aggravating and mitigating 
B)  Mitigating 
C)  Aggravating 
D)  None of the above 
A)  Both aggravating and mitigating 
B)  Mitigating 
C)  Aggravating 
D)  None of the above

Question 7

If in the minds of the jurors, mitigating factors do not outweigh aggravating factors, then the appropriate sentence is life imprisonment and not death.

Accepted Answer

A) True 
 B)False

Question 8

Aggravating factors generally revolve around three factors, which are:

Accepted Answer

A)  Characteristics of the victim, characteristics of the victims' family, and characteristics of the offenders' family 
B)  Characteristics of the victim, characteristics of the offenders family, and the setting in which the crime took place 
C)  Characteristics of the offender, the setting in which the crime took place, and characteristics of the victim 
D)  Characteristics of the offense, characteristics of the offender, and characteristics of the victim 
A)  Characteristics of the victim, characteristics of the victims' family, and characteristics of the offenders' family 
B)  Characteristics of the victim, characteristics of the offenders family, and the setting in which the crime took place 
C)  Characteristics of the offender, the setting in which the crime took place, and characteristics of the victim 
D)  Characteristics of the offense, characteristics of the offender, and characteristics of the victim

Question 9

Mitigating factors can be statutory or nonstatutory.

Accepted Answer

A) True 
 B)False

Question 10

Mitigating factors may come in the form of refutations to common aggravating factors. For example, factors such as a lack of criminal or violent history or good adjustment to institutional life in jail or prison may be presented to indicate a lack of what would otherwise be potentially aggravating factors in the minds of capital jurors.

Accepted Answer

A) True 
 B)False

Aggravating-only statutes:

Many capital cases heard by the Supreme Court have revolved around procedural and statutory issues involving aggravating and mitigating circumstances

Texas's death penalty statute is an example of the aggravating-versus-mitigating scheme.

In Barefoot v. Estelle, the Court upheld psychiatric testimony about the future dangerousness of the defendant as an aggravating factor justifying the sentence of death.

The eligibility function:

_________ circumstances are factors that make an offense or the offender "worthy" of receiving the death penalty.

If in the minds of the jurors, mitigating factors do not outweigh aggravating factors, then the appropriate sentence is life imprisonment and not death.

Aggravating factors generally revolve around three factors, which are:

Mitigating factors can be statutory or nonstatutory.

The Death Penalty: Past and Present

The Foundation Cases: Furman V.Georgia and Gregg V.Georgia

Race and the Death Penalty

The Mentally Impaired and the Death Penalty

The Death Penalty for Juveniles

Juries, Jurors, and the Death Penalty

The Right to Effective Assistance of Counsel and the Death Penalty

Due Process and the Death Penalty

Appeals, Habeas Corpus, and the Death Penalty

Evolving Standards of Decency and the Eighth Amendments Ban on Cruel and Unusual Punishment

Other Issues, Trends, and the Future of the Death Penalty

Filters

Exam 9: Aggravating and Mitigating Factors in Death Penalty Cases

Aggravating-only statutes:

Many capital cases heard by the Supreme Court have revolved around procedural and statutory issues involving aggravating and mitigating circumstances

Texas's death penalty statute is an example of the aggravating-versus-mitigating scheme.

In Barefoot v. Estelle, the Court upheld psychiatric testimony about the future dangerousness of the defendant as an aggravating factor justifying the sentence of death.

The eligibility function:

_________ circumstances are factors that make an offense or the offender "worthy" of receiving the death penalty.

If in the minds of the jurors, mitigating factors do not outweigh aggravating factors, then the appropriate sentence is life imprisonment and not death.

Aggravating factors generally revolve around three factors, which are:

Mitigating factors can be statutory or nonstatutory.

The Death Penalty: Past and Present

The Foundation Cases: Furman V.Georgia and Gregg V.Georgia

Race and the Death Penalty

The Mentally Impaired and the Death Penalty

The Death Penalty for Juveniles

Juries, Jurors, and the Death Penalty

The Right to Effective Assistance of Counsel and the Death Penalty

Due Process and the Death Penalty

Appeals, Habeas Corpus, and the Death Penalty

Evolving Standards of Decency and the Eighth Amendments Ban on Cruel and Unusual Punishment

Other Issues, Trends, and the Future of the Death Penalty

Filters