Deck 17: Section 3: The Death Penalty

Question 1

In Baze v. Rees (2008), the Supreme Court ruled that the use of lethal injection when administering the death penalty:

A) constitutes a cruel and unusual punishment.
B) does not violate the Constitution.
C) has to be replaced with a more humane method.
D) has to be abolished.

Answer 1

does not violate the Constitution.

Question 2

The two parts of a bifurcated trial are:

A) defense arguments and prosecution arguments.
B) aggravating factor presentation and mitigating factor presentation.
C) trial presentation and jury deliberation.
D) guilt phase and penalty phase.

Answer 2

guilt phase and penalty phase.

Question 3

Baldus, Woodworth, and Pulaski (1990) analyzed 594 homicides in Georgia and found that blacks convicted of killing whites were sentenced to death in _____ of capital cases, while whites convicted of killing blacks were sentenced to death in _____ of capital cases.

A) 100%; 25%
B) 22%; 3%
C) 31%; 52%
D) 50%; 63%

Answer 3

22%; 3%

Question 4

In which of the following cases did the Supreme Court rule that mentally retarded individuals cannot be sentenced to death?

A) Roper v. Simmons (2005)
B) Ring v. Arizona (2002)
C) Lockett v. Ohio (1978)
D) Atkins v. Virginia (2002)

Question 5

In Lockhart v. McCree (1986), the Supreme Court reviewed the research on death qualification and:

A) dismissed it as irrelevant and outlawed the use of death-qualified juries.
B) dismissed it as irrelevant and upheld the use of death-qualified juries.
C) agreed with the findings and outlawed the use of death-qualified juries.
D) disagreed with the validity of the findings and upheld the use of death-qualified juries.

Question 6

Generally, Americans _____ the death penalty. However, when asked to compare it with life without parole, _____ prefer punishment other than the death penalty.

A) favor; a clear majority of respondents
B) dislike; very few
C) favor; very few
D) dislike; only affluent respondents

Question 7

Which of the following is NOT a result of Gregg v. Georgia (1976) and its companion cases?

A) The sentence of death was made mandatory for certain types of murder.
B) All death sentences are reviewed by state supreme courts.
C) Bifurcated proceedings are used in all capital trials.
D) Jurors are instructed to weigh aggravating and mitigating factors.

Question 8

In Roper v. Simmons (2005), the Supreme Court abolished the death penalty for:

A) the severely mentally ill.
B) the mentally disabled.
C) women.
D) juvenile offenders.

Question 9

In 1972, the Supreme Court ruled the death penalty unconstitutional in _____. However, executions resumed in _____.

A) Atkins v. Virginia; 1977
B) Furman v. Georgia; 1977
C) Furman v. Georgia; 2000
D) Atkins v. Virginia; 2000

Question 10

Potential jurors excluded during the process of death qualification because of their opposition to the death penalty are more likely to be:

A) female, African American, and politically liberal.
B) female, Hispanic, and politically moderate.
C) politically liberal males.
D) male, Hispanic, and politically conservative.

Question 11

The brutalization effect refers to the:

A) tendency of juries to give more weight to aggravating factors in capital cases.
B) conclusion that executions increase murder rates.
C) suggestion that brutal methods of execution like the electric chair decrease murder rates.
D) likelihood that repeat offenders are more likely to be sentenced to death.

Question 12

Since the abolition of slavery, there has been an enduring effect of race on how the defendant was sentenced. Evidence of racial discrimination in administering the death penalty is clearest in cases involving:

A) rape.
B) treason.
C) gang-related murder.
D) aggravated incest.

Question 13

How many states have NO death penalty?

A) 18
B) 29
C) 31
D) 37

Question 14

The most widely used forms of execution in parts of the world where the death penalty is still used are:

A) lethal injection and the gas chamber.
B) lethal injection and the electric chair.
C) the gas chamber and the electric chair.
D) hanging and shooting.

Question 15

Liebman, Fagan, and West (2000) examined every capital case in the United States over a 22-year period and found that _____ of death sentences were reversed because of serious error at trial, with the most frequent cause of error being _____.

A) 68%; incompetent defense lawyers
B) 52%; faulty or misleading jury instructions
C) 37%; prosecutorial misconduct
D) 78%; prosecutorial misconduct