Deck 8: Future Dangerousness, Incapacitation, and Economic Costs of Capital Punishment

Question 1

In a recent national opinion poll, approximately what percent of supporters of capital punishment chose future dangerousness as a reason for their support?

A) 7
B) 13
C) 19
D) 37
E) 57

Answer 1

A

Question 2

In which of the following states is 'future dangerousness' a statutory aggravating factor?

A) Texas
B) Tennesse
C) North Dakota
D) South Dakota
E) a & c only

Answer 2

A

Question 3

How many inmates between 1973 and November 2015, have been released from death row because of evidence of their innocence?

A) 0
B) fewer than 10
C) between 25 and 50
D) between 50 and 100
E) more than 100

Answer 3

E

Question 4

Based on interviews in a Virginia prison from 1986 to 1999 with more than 100 imprisoned "street criminals" most of whom were murderers, which of the following aggravating factors should be eliminated to narrow death eligibility?

A) killing an unresisting victim
B) killing from a pecuniary motive
C) killing to eliminate an innocent witness
D) killing during the course of a robbery
E) all of the above

Question 5

Based on interviews in a Virginia prison from 1986 to 1999 with more than 100 imprisoned "street criminals" most of whom were murderers, which of the following mitigating factors should be modified to narrow death eligibility?

A) killing while under the influence of extreme mental or emotional disturbance
B) killing while under extreme duress or under the substantial domination of another person
C) killing while under the influence of alcohol or any other drug
D) the age of the defendant at the time of the crime
E) all of the above

Question 6

According to study of life-sentenced Texas capital murder defendants, approximately what percent of them are likely to commit a repeat murder over a 40-year period?

A) less than 1
B) 10
C) 25
D) 50
E) 75

Question 7

According to recent studies of life-sentenced Texas, Federal Bureau of Prisons, and Florida capital murder defendants, which of the following factors was the most influential predictor of prison violence?

A) involvement in a robbery/burglary murder
B) the presence of multiple victims in the original offense
C) age at time of entering prison
D) prison gang membership
E) having served a prior prison term

Question 8

Which of the following is not true about the Potosi Correctional Center (PCC) in Missouri and the violent misconduct of 3,403 inmates confined at PCC between January 1991 and January 2002?

A) PCC houses only three types of inmates: those who have been sentenced to death, those who have been sentenced to life without opportunity of parole (LWOP) for first-degree murder, and those who have been sentenced to a parole-eligible term. (Most of the inmates sentenced to a parole-eligible term were serving minimum sentences of 50 years.)
B) Death-sentenced inmates were "mainstreamed" or fully integrated with the non-death sentenced inmates in the general prison population.
C) During the 11-year period of mainstreaming inmates, who otherwise would have been segregated on death row, none of the death-sentenced inmates killed or attempted to kill another inmate or staff member.
D) The rates of major and minor assaults of death-sentenced inmates were higher than the rates of LWOP inmates and were 20-25 percent higher than the rates of inmates serving parole-eligible terms.
E) all of the above are true

Question 9

By 2005, how many of the 589 Furman-commuted death row inmates had been released from prison?

A) 0
B) 71
C) 199
D) 322
E) 504

Question 10

By 2005, what percent of the 589 Furman-commuted death row inmates released from prison were returned to prison?

A) 0
B) 11
C) 34
D) 54
E) 79

Question 11

According to the evidence, what percent of convicted capital offenders probably will not kill again?

A) 10
B) 25
C) 50
D) 75
E) 90

Question 12

According to a 2014 national opinion poll, approximately what percent of supporters of capital punishment selected "Saves taxpayers' money/Costs associated with prison" as an important reason for their support?

A) 4
B) 14
C) 26
D) 55
E) 70

Question 13

In an analysis of nearly 4,000 New York Times stories about capital punishment published from 1960 through 2005, how many stories mentioned cost on either side of the debate?

A) 1
B) 20
C) 50
D) 100
E) 1,500

Question 14

By year-end 2013, what the approximate average time between death sentence and execution?

A) 14 months
B) 62 months
C) 112 months
D) 186 months
E) 344 months

Question 15

Why was the death penalty not an expensive punishment relative to LWOP prior to the Furman decision?

A) because capital cases were disposed of quickly
B) because no extraordinary procedures were followed
C) because reversals were relatively rare
D) because the costs associated with executions alone were minimal
E) all of the above

Question 16

According to a recent estimate, how much does the death penalty cost California taxpayers annually?

A) $14 million
B) $37 million
C) $86 million
D) $137 million
E) $250 million

Question 17

According to a recent estimate, what would it approximately cost California taxpayers annually for a comparable system that sentenced inmates to LWOP instead of death?

A) $2.5 million
B) $11.5 million
C) $21.5 million
D) $47.5 million
E) $76.5 million

Question 18

According to the available evidence, what is the estimated cost per execution in the United States (in 2015 dollars)?

A) $500,000 to $1 million
B) $1.7 million to $7 million
C) $8 million to $9.2 million
D) $10 million to $11.8 million
E) more than $11.8 million

Question 19

Approximately how much did the state of Florida reportedly spend to execute serial murderer Ted Bundy in 1989 (in 2015 dollars)?

A) $875,000
B) $2.5 million
C) $10 million
D) $19 million
E) $35 million

Question 20

Approximately how much did the federal government reportedly spend to execute mass murderer Timothy McVeigh (in 2015 dollars)?

A) $2.5 million
B) $16 million
C) $25 million
D) $56 million
E) $135 million

Question 21

Assuming an LWOP sentence is the result of a successful plea bargain and an inmate sentenced to LWOP lives 31 years, what is the approximate cost of an LWOP sentence (in 2015 dollars)?

A) $250,000
B) $500,000
C) $1.4 million
D) $3.6 million
E) $5.1 million

Question 22

Typical motions filed in capital cases involve which of the following?

A) voir dire
B) jury composition
C) death qualification process challenges
D) change of venue
E) all of the above

Question 23

Which of the following is a reason why voir dire in capital cases takes longer and is more expensive than voir dire in non-capital cases?

A) the increased number of peremptory challenges allowed in capital cases
B) the increased number of jurors who are likely to be dismissed for cause
C) the increased number of jurors who try to disqualify themselves
D) in some jurisdictions, the need to select jurors for both the guilt and penalty phase of the trial
E) all of the above

Question 24

What are "opportunity costs" in the context of capital punishment?

A) the hidden costs of capital punishment such as the extra time district attorneys spend trying capital cases
B) the total costs of sentencing a defendant to death
C) the extra costs of a bifurcated trial
D) the costs court-appointed attorneys pay to represent defendants charged with capital crimes
E) none of the above

Question 25

Incapacitation refers to the goal of preventing convicted murderers (or other capital offenders) from killing (or committing other crimes) again by executing them.

Question 26

The Supreme Court considers incapacitation only a secondary consideration.

Question 27

No death row inmate has ever escaped from prison.

Question 28

Nearly all convicted capital offenders claim they are innocent even though only a small percentage of them really are.

Question 29

For many death penalty opponents, LWOP is the "lesser of two evils." It is endorsed only because it is a tolerable alternative to the death penalty.

Question 30

The enormous costs of capital punishment are not a product of the number of executions but rather the number of people death penalty jurisdictions attempt to execute.

Question 31

Some counties have almost been bankrupted by capital trial costs.

Question 32

A recent study found that capital murderers sentenced to LWOP were a greater threat to other prisoners and correctional staff than death-sentenced inmates or other murderers sentenced to terms of imprisonment.

Question 33

LWOP inmates have "nothing to lose" if they kill or commit other infractions in prison.

Question 34

Experience with LWOP inmates in the Alabama penal system has shown that they commit about twice as many infractions as other inmates.

Question 35

Some death-sentenced inmates rehabilitate themselves while in prison and contribute to society.

Question 36

A death row inmate was nominated for the 2001 Nobel Peace Prize.

Question 37

According to a recent study of 39 former Indiana death row inmates who were transferred to the general prison population between 1972 and 1999 following modifications to their death sentences, the likelihood of prison violence decreased as the length of incarceration increased.

Question 38

Not all former death-row inmates make model prisoners.

Question 39

No Furman-commuted death row inmate has returned to death row after killing again.

Question 40

Convicted murderers account for the largest number of prison killings.

Question 41

The data show that murderers, including capital murderers, sometimes kill again even after having been imprisoned for many years.

Question 42

One of the most common myths about capital punishment is that it is cheaper than alternative punishments such as life imprisonment without opportunity for parole.

Question 43

In 1934, a capital offender was executed in Florida 33 days following his apprehension and only 45 days after the crime was committed.

Question 44

A primary reason for the more than 850 percent increase in time between conviction and execution in capital cases in 1956-1960 and 2000 is the "super due process" now required by the Supreme Court's "death is different" doctrine.

Question 45

The costs of a death sentence will probably always be more expensive than the costs of an LWOP sentence because "super due process" is only required in capital cases.

Question 46

While on death row, a prisoner must be maintained in a special maximum security facility which requires much greater time-and-effort expenditures on the part of corrections officers.

Question 47

The estimated number of hours of attorney time at both the state and federal post-conviction levels is between 1,400 and 1,700.

Question 48

Voir dire alone is estimated to take more than five times longer in a capital case than in a non-capital case, and can take up to two months.

Question 49

Many prosecutors and defense attorneys believe that jury selection is the key element in a capital case.

Question 50

Capital cases may result in jury trials ten times more often than in non-capital cases.

Question 51

If a capital defendant wins on appeal, the costs incurred at the original trial may be replicated at the retrial or resentencing.

Question 52

Defendants facing the prospect of life without parole are required to have the "super due process" that is currently available to defendants on trial for their lives.

Question 53

All expenses incurred by defense and prosecution during the guilt phase of trial could be duplicated during the penalty phase.

Question 54

The average capital trial lasts approximately thirty days, and consumes an average of 850-1,000 hours of attorney time.

Question 55

Altogether, defense expert witnesses alone can easily cost more than $400,000 in capital cases.

Question 56

A major reason voir dire in capital cases is so costly is that many death penalty jurisdictions require that jurors not only be questioned individually, but that they also remain sequestered until the full jury is selected or they are dismissed.

Question 57

Many states require that capital defendants have two attorneys; no state requires two attorneys in non-capital cases.

Question 58

Attorneys can spend from 10,000 to 100,000 hours on capital cases.

Question 59

The federal government reportedly spent nearly $14 million in public funds to hire private attorneys and cover other costs to defend Timothy McVeigh.

Question 60

Court costs are estimated to be 100 times greater in capital cases than they are in other felony cases.

Question 61

A recent study in Illinois found that capital trials could increase county spending by as much as 1.8 percent per trial. Such trials are often financed through increased property taxes or funds taken from police and highway appropriations.

Question 62

A Wall Street Journal article reported that the Texas county where the three men convicted of the 1998 murder of James Byrd were tried was forced to raise property taxes 100 percent for two years to cover trial costs.

Question 63

In some death-eligible cases, prosecutors forego capital trials altogether rather than incur the expense.

Question 64

The posttrial stage generally is the most expensive part of the entire death penalty process.

Question 65

Including the automatic appeal, there are at least nine or ten possible levels of review following the guilt and penalty phase of a capital trial.

Question 66

Like the situation for state post-conviction proceedings, the federal government does not require legal representation for capital defendants pursuing federal habeas corpus appeals.

Question 67

Regardless of the method employed, it is relatively cheap to put people to death.

Question 68

While the recent restrictions on federal habeas corpus in capital cases may reduce costs at the federal level, they may not reduce costs overall because costs are likely to be shifted to the states and counties where post-conviction motions in state courts will be litigated more extensively.