Deck 3: Race and the Death Penalty

Question 1

Which is the most prominent Supreme Court decision concerning racial disparity and the death penalty?

A) Furman v. Georgia
B) Gregg v. Georgia
C) McCleskey v. Kemp
D) both b and c

Answer 1

C

Question 2

In McCleskey it was argued that the race of the perpetrator and the race of the victim played a significant role in the decision of the jury, and his death sentence should be overturned because it was a violation of the:

A) 14th Amendment's anti-discriminatory clause
B) 14th Amendment's equal protection clause
C) Both b and c
D) None of the above

Answer 2

B

Question 3

The legislation known as the________________ would have created a federal statutory right to be free from discrimination in capital cases.

A) Racial Justice Act
B) Equal Protection Clause
C) 8th and 14th Amendments
D) None of the above

Answer 3

A

Question 4

The Racial Justice Act:

A) Would have allowed statistical evidence to establish discriminatory practices and patterns in applying death sentences
B) Drew a lot of criticism and has never been approved by Congress
C) Was proposed by Senator Edward Kennedy and Representative John Conyers
D) All of the above

Question 5

The rationale behind the Racial Justice Act was that since the Supreme Court has allowed the use of statistics to prove racial discrimination under ________, statistics should also be allowed to prove racial discrimination.

A) Title VI [of the Civil Rights Act of 1963]
B) Title VII [of the Civil Rights Act of 1964]
C) Title VIII [of the Civil Rights Act of 1964]
D) Title VII [of the Civil Rights Act of 1963]

Question 6

The Supreme Court chose not to set standards to stop or prevent racial disparity in the death penalty, but left the states:

A) Guidelines for amending their death penalty statutes
B) Without power to amend their death penalty statutes
C) With the job of amending their death penalty statutes.
D) None of the above

Question 7

When the new Governor came in, what year was the North Carolina's Racial Justice Act repealed?

A) It was not repealed.
B) 2012
C) 2014
D) 2013

Question 8

A study released by the University of Maryland concluded that race and geography are major factors in death penalty decisions. Specifically, prosecutors are more likely to seek a death sentence when the victim is _______ and are less likely to seek a death sentence when the victim is ________.

A) White; black
B) Black; white
C) Black; also black
D) White; also white

Question 9

Generally, studies have found that race of the victim plays more of a role than:

A) Age of the offender in whether to seek the death penalty, even if states contest the findings
B) Economic disadvantage of the offender in whether to seek the death penalty, even if states contest the findings
C) Race of the offender in whether to seek the death penalty, even if states contest the findings
D) None of the above

Question 10

In examining New Jersey's death penalty, Baldus and his research team set out to answer the following questions:

A) Is racial discrimination in death sentencing inevitable, or can legal procedures be adopted by legislators, prosecutors, or courts to prevent it?
B) Can racial discrimination be corrected by subgroups of cases and in individual cases without the de facto abolition of capital punishment or the use of quotas?
C) Neither a nor b
D) Both a and b

Question 11

In the early periods of executions, the death penalty was often tied to lynching and the control of slaves; racial disparities were pervasive and pronounced during that time.

Question 12

The landmark 1987 case of McCleskey v. Kemp in which the United States Supreme Court declared that findings of racial disparity imply unconstitutional racial discrimination was David Baldus's focus.

Question 13

Racial profiling conducted by police officers continues to be a concern of the courts and the legislatures, today manifested in controversial "stop and frisk" policies.

Question 14

The Supreme Court chose to set standards to stop or prevent racial disparity in the death penalty, but left the states to amend their death penalty statutes.

Question 15

While the Court said that a risk of racial prejudice was involved in a jury's decision, it held that the level of risk was sufficient to establish a violation of a constitutional right.

Question 16

The precedent in McCleskey still stands, but the Supreme Court has since decided other cases that relate to the racial composition of juries, and federal and state legislatures have begun to take up the mantle of protecting against racial discrimination in capital cases.

Question 17

The Racial Justice Act would have allowed statistical evidence to establish discriminatory practices and patterns in applying death sentences.

Question 18

The Supreme Court began examining racial bias in the death penalty in the 1950s.

Question 19

The Racial Justice Act drew a lot of criticism and has never been approved by Congress.

Question 20

The passage of Kentucky's Racial Justice Act encouraged other states to re-examine their policies and practices in administering the death penalty, though it would take a lot of time before another enacted Racial Justice Acts of its own.

Question 21

In 2005, North Carolina became the first state to enact a racial justice act.

Question 22

In its review of Ohio's death penalty, the ABA found that serious flaws persisted in Ohio's capital punishment system. They recommended that the death penalty be suspended until the state could conduct a thorough analysis of the system's fairness and consistency.