Deck 20: The Death Penalty

Question 1

The retribution argument for the death penalty is a moral argument.

Answer 1

True

Question 2

The case law since Furman indicates capital punishment is legal as long as it is imposed fairly.

Answer 2

True

Question 3

The belief that execution of wrongdoers deters others from committing the crime reflects .

A) a moral belief
B) a utilitarian belief
C) an incapacitative belief
D) a restorative belief

Answer 3

B

Question 4

The number of people executed in the United States in the 1970s was a marked increase from previous decades.

Question 5

Recent evidence has determined that the death penalty does have a deterrent effect on crime.

Question 6

Although nearly 13 percent of people arrested for murder are women, judges and juries seem very reluctant to sentence women to death.

Question 7

The death penalty has been criticized for being immoral and an ineffective deterrent only since the 20th century.

Question 8

Insanity is a recognized defense for commission of a crime because mens rea is not present.

Question 9

In a democracy, public opinion usually has little to no impact on public policy.

Question 10

Individuals on death row tend to be poorly educated men from the middle class.

Question 11

Aggravated and mitigating circumstances are looked at during the sentencing phase of a bifurcated trial.

Question 12

The number of death sentences carried out has declined by more than half since the 1990s.

Question 13

A moral argument for the death penalty is that it deters people from committing crimes.

Question 14

The number of minorities on death row is proportional to their representation in the total population.

Question 15

According to opponents of the death penalty, capital punishment is applied in a discriminatory fashion.

Question 16

Use of the death penalty has dropped in recent years.

Question 17

Public executions were common until the 1830s, when most were moved inside prison walls.

Question 18

A person on death row who presents belated evidence of innocence is entitled to a new hearing in a federal court before execution.

Question 19

The belief that one who takes another's life deserves a punishment equal to the victim's fate is a argument.

A) moral
B) utilitarian
C) restorative
D) deterrence

Question 20

The case of McCleskey v. Kemp focused on racial discrimination under Georgia's death penalty law.

Question 21

Since 1976, the number of people facing the death penalty has .

A) declined
B) increased
C) stabilized
D) diminished

Question 22

In Atkins v. Virginia (2002), the Supreme Court ruled that .

A) executing the developmentally disabled is unconstitutional
B) discrimination must be proven in each case
C) the death penalty is unconstitutional
D) bifurcated trials are constitutional

Question 23

The term refers to the idea that the punishment of execution will deter others from violent criminal activity.

A) incapacitation
B) retribution
C) deterrence
D) rehabilitation

Question 24

In Ford v. Wainwright, the Supreme Court ruled that should not be executed.

A) the insane
B) juveniles
C) veterans
D) disabled people

Question 25

Opponents of the death penalty argue that only has the right to take a life.

A) a victim
B) the survivor
C) the state
D) God

Question 26

Current case law indicates that capital punishment is legal as long as .

A) the voters of the state approve it
B) it is administered to deliver the least amount of pain
C) it is lethal injection and not electrocution
D) it is imposed fairly

Question 27

In polls, public support for capital punishment drops when .

A) crime rates go up
B) only whites are surveyed
C) standards of living increase
D) alternatives are presented

Question 28

The number of states without the death penalty has in recent years.

A) decreased
B) remained unchanged
C) increased
D) stabilized

Question 29

Research shows that the death penalty is more likely to be imposed when the .

A) convicted person is white
B) convicted person is African American
C) victim is white
D) victim is African American

Question 30

The term refers to the desire to keep the convicted person from committing further crimes.

A) reintegration
B) rehabilitation
C) incapacitation
D) retribution

Question 31

After 1935, the number of executions began to .

A) decline
B) soar
C) climb
D) stabilize

Question 32

In most parts of United States, executions were carried out in public until the .

A) 1750s
B) 1830s
C) 1870s
D) 1900s

Question 33

The term refers to the belief that one who takes another's life deserves punishment equal to the victim's fate.

A) incapacitation
B) retribution
C) rehabilitation
D) utilitarianism

Question 34

Which of the following countries has NOT abolished the death penalty?

A) France
B) Germany
C) Pakistan
D) Australia

Question 35

Until the mid-1700s criminal punishment in Europe and in American colonies focused on which of the following?

A) Mutilation
B) Whipping
C) Dismemberment
D) All of these are correct

Question 36

In most Western democracies, the death penalty has been .

A) streamlined
B) impartial
C) abolished
D) humanitarian

Question 37

The case of held that potential jurors who object to the death penalty cannot be automatically excluded from jury service in capital cases.

A) Ford v. Wainwright (1985)
B) Witherspoon v. Illinois (1968)
C) Gregg v. Georgia (1976)
D) Furman v. Georgia (1972)

Question 38

Because of the heinous nature of the crime, several states have sought to enact laws permitting use of the death penalty for adults who .

A) kill a child while drunk driving
B) rape a child
C) molest a child
D) neglect a child

Question 39

To try to ensure a more thorough deliberation before imposing the death sentence, legislatures enacted .

A) an oversight committee
B) a waiting period
C) a sentencing grid
D) a two-stage process

Question 40

The latest attempt to impose capital punishment in a way that does not offend modern cultural sensibilities is .

A) the gas chamber
B) the electric chair
C) lethal injection
D) the firing squad

Question 41

The Amendment protects against cruel and unusual punishment.

Question 42

Arguments against the death penalty are typically or utilitarian.

Question 43

__________ states and the federal government currently authorize capital punishment.

Question 44

Legal cases continue to raise concerns about the lengthy periods that condemned people spend on death row because of __________.

Question 45

Since 2000, many states have enacted a on capital punishment.

Question 46

The utilitarian argument in support of capital punishment is based on the belief that execution of convicted individuals
others from committing murder.

Question 47

The most common method used in executions in the United States today is .

Question 48

In , the Supreme Court ruled that juries, not judges, must make the crucial factual decisions as to whether a convicted murderer should receive the death penalty.

A) Roper v. Simmons (2005)
B) Atkins v Virginia (2002)
C) Gregg v. Georgia (1976)
D) Ring v. Arizona (2002)

Question 49

Individuals who oppose the death penalty argue that poor people and members of minority groups receive a
_____________ number of death sentences.

Question 50

Consular officials must be notified when a foreign national is .

A) arrested
B) executed
C) deported
D) exiled

Question 51

Most death penalty defendants are and are provided counsel by the state.

Question 52

In the United States, a recent poll indicated that percent of the population favors capital punishment.

A) 25
B) 40
C) 60
D) 75

Question 53

In Ring v. Arizona, the Supreme Court ruled that ___________ must make the factual decisions as to whether a convicted murderer should receive the punishment of death.

Question 54

In which case was it ruled that people cannot receive the death sentence if they were under 18 at the time of their crime?

A) Ring v. Arizona (2002)
B) Furman v. Georgia (1972)
C) McCleskey v. Kemp (1987)
D) Roper v. Simmons (2005)

Question 55

Retribution, incapacitation, and are usually cited as the reasons for keeping the death penalty.

Question 56

The case of Gregg v. Georgia decided that a court that was hearing a death penalty case must use a
system of judgment.

Question 57

In , the Supreme Court rejected a challenge on the grounds of racial discrimination to Georgia's death penalty law.

A) McCleskey v. Kemp (1987)
B) Atkins v. Virginia (2002)
C) Ford v. Wainwright (1985)
D) Ring v. Arizona (2002)

Question 58

In Furman v. Georgia (1972), the Supreme Court ruled that the way the death penalty was administered constituted
___________.

Question 59

In , the Supreme Court decided that a three-drug lethal injection protocol did NOT violate the "cruel and unusual punishment" clause.

A) Ford v. Wainwright (1985)
B) Strickland v. Washington (1984)
C) Gregg v. Georgia (1976)
D) Glossip v. Gross (2015)

Question 60

In , the Supreme Court ruled that the death penalty was itself not unconstitutional, but the way it was administrated constituted cruel and unusual punishment.

A) Furman v. Georgia (1972)
B) Glossip v. Gross (2015)
C) Gregg v. Georgia (1972)
D) Atkins v. Virginia (2002)

Question 61

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Retribution

Question 62

Describe the major arguments for and against the death penalty and the principles on which they are based.

Question 63

Imagine that you are a supporter of the death penalty, and you are attempting to convince someone who is opposed to it to see the issue from your standpoint. How would you support your position, from both a moral and utilitarian perspective? Be sure to address statistical data on deterrence in your answer.

Question 64

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Ford v. Wainwright (1985)

Question 65

Describe the prevailing characteristics of people on death row, their crimes, and their victims. In what ways have their dispositions led to charges of racism against the criminal justice system?

Question 66

The biggest demographic predictor of attitudes toward capital punishment is .

Question 67

Discuss the ways in which public opinion about capital punishment has changed over time. What major factors account for the changes?

Question 68

Describe three of the constitutional challenges to capital punishment that have been brought to the Supreme Court, and the court's verdict and reasoning in those cases.

Question 69

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Strickland v. Washington (1984)

Question 70

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Atkins v. Virginia (2002)

Question 71

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Bifurcated

Question 72

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Mitigating

Question 73

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Three-drug protocol

Question 74

In the case of Strickland v. Washington (1984), the Supreme Court ruled that defendants had the right to counsel that meets an "objective standard of ."

Question 75

Do you think that public support for the death penalty will be abolished in the United States in the foreseeable future?
Explain your answer.

Question 76

The number of people facing the death penalty in America has dramatically since 1976.

Question 77

In the case of Gregg v. Georgia (1976), the Supreme Court ruled that the sentencing judge or jury take into account specific aggravating and factors in deciding which convicted murderers should be sentenced to death.

Question 78

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Aggravating

Question 79

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Ring v. Arizona (2002)

Question 80

Match each item to the phrase or sentence listed below.
a. Ruling that required an objective standard of reasonableness for defense counsel
b. Circumstances that increase seriousness of crime
c. A moral argument for capital punishment
d. Ruling that execution of the developmentally disabled is unconstitutional
e. Execution method developed in the late 1970s
f. Separate hearings for guilt and sentencing
g. Ruling that the execution of the mentally ill is unconstitutional
h. Circumstances that invite mercy
i. Ruling that only juries should decide whether to implement the death penalty
j. First ruling that the death penalty is constitutional if it is not administered in a cruel and usual fashion
Furman v. Georgia (1972)