Deck 2: Capital Punishment and the Supreme Court: The Pre-Modern Period

Question 1

From which of the following did the U.S. Supreme Court derive its appellate jurisdiction in death penalty cases?

A) the U.S. Constitution
B) the U.S. President
C) its power of judicial review
D) the will of the people
E) none of the above

Answer 1

C

Question 2

In what case and in what year was the U.S. Supreme Court's power of judicial review confirmed?

A) Marbury v. Madison (1803)
B) United States v. Wilson (1810)
C) Ex Parte Wells (1815)
D) Langworthy v. Hamilton (1818)
E) none of the above

Answer 2

A

Question 3

Solesbee v. Balkcom (1950) was one of two cases that challenged the constitutionality of capital punishment prior to 1968. What was the issue addressed in this case?

A) whether a state is permitted to attempt a second execution by electrocution after the first attempt failed
B) whether a governor is allowed to determine an inmate's sanity where finding an inmate insane would prevent his or her execution
C) whether racial discrimination on the part of jurors, who had total discretion in the sentencing decision, infected death cases for rape in at least some Arkansas counties
D) whether prospective jurors could be excused simply because they were opposed to capital punishment
E) none of the above

Answer 3

B

Question 4

Solesbee v. Balkcom (1950) was one of two cases that challenged the constitutionality of capital punishment prior to 1968. What was the other case? PLEASE REMOVE THIS QUESTION

A) Powell v. Alabama
B) In re Kemmler
C) Wilkinson v. Utah
D) Louisiana ex rel. Francis v. Resweber
E) none of the above

Question 5

What was the subject of United States v. Wilson (1833), Ex parte Wells (1855) and Biddle v. Perovich (1927)?

A) execution methods
B) clemency
C) capital juries
D) double jeopardy
E) none of the above

Question 6

What was the subject of In re Medley (1890), Rooney v. North Dakota (1905), and Malloy v. South Carolina (1915)?

A) double jeopardy
B) clemency
C) ex post facto
D) sentencing
E) none of the above

Question 7

What was the subject of Craemer v. Washington (1897) and Williams v. New York (1949)?

A) double jeopardy
B) clemency
C) ex post facto
D) sentencing
E) none of the above

Question 8

What was the subject of Robinson v. United States (1945), Aldridge v. United States (1931), Norris v. Alabama (1935), and Patton v. Mississippi (1948)?

A) execution methods
B) clemency
C) jury selection
D) double jeopardy
E) none of the above

Question 9

Which of the following descriptions best describes what happened to 29-year-old pencil factory manager Leo Frank, who, in 1913, was tried, convicted, and sentenced to death in Atlanta, Georgia, for the murder of his 13-year-old employee Mary Phagan?

A) He was discovered to be innocent and pardoned by the governor.
B) His Supreme Court challenge was denied, and he was executed.
C) He was lynched.
D) He was the first death row inmate to be elected governor of a state.
E) none of the above

Question 10

Which of the following cases involved the so-called "Scottsboro boys"?

A) Powell v. Alabama
B) Maxwell v. Bishop
C) Furman v. Georgia
D) Proffitt v. Florida
E) none of the above

Question 11

The Supreme Court has held that failure to provide counsel in a capital case violates "due process" as required under the 14th Amendment.

Question 12

In Ex parte Milligan (71 U.S. 2), in 1866, the issue before the Court in this case was the problem of military power over civilians.

Question 13

Powell v. Alabama (287 U.S. 45, 1932) involved the so-called "Scottsboro Boys."

Question 14

Founding Fathers Alexander Hamilton and James Madison strongly objected to the Supreme Court exercising judicial review.

Question 15

Throughout its history, the Court has rejected as unworthy of review the vast majority of cases appealed to it.

Question 16

Brown v. Mississippi dealt with coerced confessions.

Question 17

With which of the following methods of execution did Wilkerson v. Utah deal?

A) Hanging
B) Firing Squad
C) Electrocution
D) Gas Chamber
E) Lethal Injection

Question 18

With which of the following methods of execution did In Re Kemmler deal?

A) Hanging
B) Firing Squad
C) Electrocution
D) Gas Chamber
E) Lethal Injection

Question 19

Which of the following cases dealt with a botched electrocution?

A) McElvaine v. Brush
B) Louisiana ex rel Francis v. Resweber
C) Chapman v. California
D) Griffin v. California

Question 20

In which of the following cases did the states absorb fundamental due process rights?

A) Stroud v. US
B) Marbury v. Madison
C) Palko v. Connecticut
D) None of the above

Question 21

Which of the following was the first case to apply the 14^th Amendment's due process clause to capital cases in state courts?

A) Finley v. California
B) In re Medley
C) Rooney v. North Dakota
D) Powell v. Alabama

Question 22

Which case dealt with the issue of the constitutionally military commissions?

A) In re Kemmler
B) Ex parte Milligan
C) Calton v. Utah
D) Brown v. Mississippi

Question 23

Which of the following cases dealt with exclusion of jurors based on race?

A) Norris v. Alabama
B) Brown v. Mississippi
C) Patton v. Mississippi
D) a and c only

Question 24

Which of the following cases deal with the issue of ex post facto laws?

A) In re Medley
B) Rooney v. North Dakota
C) Malloy v. South Carolina
D) All of the above