Deck 9: Aggravating and Mitigating Factors in Death Penalty Cases

Question 1

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

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

Answer 1

C

Question 2

________ circumstances are factors that provide some level of explanation or justification (but not excuse or defense of the act) for the murder.

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

Answer 2

B

Question 3

The eligibility function:

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

Answer 3

C

Question 4

What are the two primary functions of aggravating factors?

A) The individualization function and the sentencing function
B) The eligibility function and the sentencing function
C) The eligibility function and the individualization function
D) None of the above

Question 5

Aggravating factors generally revolve around three factors, which are:

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 6

Unanimity is not required for ____________ factors to be considered, while for __________ factors there must be a unanimous determination by the jury for such a factor to be present.

A) Aggravating; mitigating
B) Mitigating; aggravating
C) Mitigating; serious
D) Cognitive; future dangerousness

Question 7

In ________________, the Court upheld that psychiatric testimony about the future dangerousness of the defendant is an aggravating factor justifying the sentence of death.

A) Roper v. Simmons
B) Barefoot v. Estelle
C) Locket v. Ohio
D) Gregg v. Georgia

Question 8

The Court has generally held that virtually anything can be admitted as a _________ factor and that such factors must be considered by the sentencing authority at any stage of the process.

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

Question 9

Which case held that testimony about the victim and the impact of the crime on the victim's family is admissible as an aggravating factor in capital cases?

A) Skipper v. South Carolina
B) Payne v. Tennessee
C) Barefoot v. Estelle
D) Gregg v. Georgia

Question 10

What are aggravating factors often based on?

A) Future danger posed by the defendant
B) The nature of the offense
C) The impact of the crime on the victim's family
D) All of the above

Question 11

Aggravating-only statutes:

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 12

In Gregg v. Georgia, the Court indicated that the death penalty is to be reserved for only the most ________ acts of ________.

A) Extreme; violence
B) Serious; robbery
C) Intense; hatred
D) All of the above

Question 13

Mitigating circumstances are those that provide some level of explanation or justification (but not excuse or defense of the act) for the murder and are reserved for the __________ phase of capital trials.

A) Preliminary hearing
B) Pre-trial
C) Sentencing
D) Guilt

Question 14

Mitigating factors focus on characteristics of a defendant such as:

A) History of child abuse
B) Diminished mental capacity
C) Circumstances of the offense that might attenuate culpability
D) All of the above

Question 15

Structured discretion statutes require:

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

Question 16

Structured discretion statutes are the rarest form of death penalty statutes.

Question 17

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

Question 18

Unanimity is not required for a mitigating factor to be considered, while for an aggravating factor the jury must be unanimous in its determination of the presence of such a factor.

Question 19

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.

Question 20

The Court has held that anything can be admitted as a mitigating and aggravating factor and that such factors should be considered in the sentencing phase.

Question 21

Jury unanimity is required in regard to mitigating factors, and they must have supporting evidence.

Question 22

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.

Question 23

Some scholars have pointed out that future dangerousness is "always at issue" in capital cases.

Question 24

The landmark case Payne v. Tennessee concluded that the admission of victim impact statements in the sentencing phase of a capital trial does not constitute a violation of the 8^th Amendment.

Question 25

One reason for not imposing the death penalty may be a jury finding that mitigating factors are present.

Question 26

Aggravating-only statues require the jury to first consider whether any aggravating factors exist.

Question 27

Mitigating factors can be statutory or nonstatutory.

Question 28

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

Question 29

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

Question 30

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