Question 1

What case(s) hold the most significance pertaining to death penalty?

Accepted Answer

Furman v. Georgia (1972) and Gregg v. Georgia (1976) are landmark cases in the context of the death penalty in the United States. Furman v. Georgia temporarily halted capital punishment across the country, ruling that the death penalty procedures at the time were arbitrary and capricious, thus violating the Eighth Amendment's ban on cruel and unusual punishment. Gregg v. Georgia then upheld the constitutionality of the death penalty under new statutes that introduced guidelines to make the death penalty application more consistent, effectively reinstating the death penalty under these new guidelines.

Question 2

The Furman v. Georgia case was decided on a five-to-four vote, which highlighted nine different opinions. The votes were:

Accepted Answer

In Furman v. Georgia, the Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The decision was made with a narrow majority of five justices ruling against the death penalty in its then-current form, and four justices dissenting, making option C correct.

Question 3

According to the text, there were two other major cases, besides Furman v. Georgia, that dealt with the death penalty. In all three cases, the defendants were poor, powerless, and black. Which cases were they?

Accepted Answer

Branch v. Texas and Jackson v. Georgia were the two other major cases mentioned alongside Furman v. Georgia, highlighting issues related to the death penalty and the defendants' socio-economic and racial backgrounds.

Question 4

What Amendment(s) called to question the constitutionality of death penalty?

Accepted Answer

The 8th Amendment, which prohibits cruel and unusual punishment, and the 14th Amendment, which includes the Due Process and Equal Protection Clauses, have been central in questioning the constitutionality of the death penalty in the United States.

Question 5

According to Justice Marshall in Furman v. Georgia, what are the purposes that are conceivably served by the death penalty?

Accepted Answer

Justice Marshall, in Furman v. Georgia, mentioned several purposes that could conceivably be served by the death penalty, including retribution, deterrence, prevention of repetitive criminal acts, encouragement of guilty pleas and confessions, eugenics, and economy.

Question 6

Who was the Justice that opined that, absent any proof that the death penalty is prohibited by the Constitution or is cruel and unusual, respect must be given by the Court to the judgment made by state legislatures to impose death as the ultimate punishment?

Accepted Answer

Justice Burger opined that, in the absence of proof that the death penalty is constitutionally prohibited or constitutes cruel and unusual punishment, the Court must respect the judgment of state legislatures to impose death as the ultimate form of punishment.

Question 7

What does the Equal Protection Clause stand for in the U.S Constitution?

Accepted Answer

The Equal Protection Clause is found in the 14th Amendment of the U.S. Constitution and it prohibits states from denying any person within its jurisdiction the equal protection of the laws. This means that all individuals must be treated equally by the law within each state.

Question 8

In revising their statutes, states devised ________ statutes.

Accepted Answer

In revising their statutes, states devised both mandatory death penalty and guided discretion statutes.

Question 9

Guided discretion statutes:

Accepted Answer

Guided discretion statutes allow juries to retain discretion in deciding whether to apply the death penalty, but provide guidelines to help ensure the decision is not arbitrary.

Question 10

The history of the death penalty in the United States dates back to the:

Accepted Answer

The death penalty in the United States dates back to the early seventeenth century, with the first recorded execution in the Jamestown colony of Virginia in 1608.

Question 11

The case of Gregg v. Georgia held that the death penalty could be constitutional in some instances.

Accepted Answer

The Supreme Court's decision in Gregg v. Georgia (1976) held that the death penalty does not inherently violate the Eighth Amendment's bans on cruel and unusual punishment, provided it is applied in a careful and judicious manner.

Question 12

The Furman v. Georgia case came about June 29, 1973.

Accepted Answer

Furman v. Georgia was decided on June 29, 1972, not 1973.

Question 13

The death penalty was used in England even before the Pilgrims came to America, and it was used in the colonies as a form of punishment.

Accepted Answer

The death penalty has a long history in England, predating the establishment of the American colonies, and it was indeed used in the colonies as a form of punishment for various crimes.

Question 14

A concern in the case of Gregg v. Georgia is whether the imposition and carrying out of the death penalty constitute cruel and unusual punishment in violation of the Eighth and Fourteenth amendments.

Accepted Answer

The answer of A concern in the case of Gregg...

Question 15

Three out of five justices agreed that the death penalty is "unusual" if it discriminates by reason of "race, religion, wealth, social position, or class, or if it is imposed under a procedure that gives room for the play of such prejudices."

Accepted Answer

This statement reflects the perspective that the death penalty becomes "unusual" and potentially unconstitutional under the Eighth Amendment of the U.S. Constitution if it is applied in a discriminatory manner based on race, religion, wealth, social position, or class, or if the procedure for its imposition allows for such biases to influence the outcome. This aligns with the principles of fairness and equal protection under the law.

Question 16

In Powell v. Alabama, the Court overturned several death sentences on grounds that they violated the Sixth Amendment's right to counsel.

Accepted Answer

In Powell v. Alabama (1932), the Supreme Court ruled that the defendants' Sixth Amendment rights were violated because they were not given reasonable time and opportunity to secure counsel in a capital case, leading to the overturning of their convictions.

Question 17

Justice Marshall initially voted in favor of the death penalty, but before retiring changed his mind and said he would vote against it.

Accepted Answer

Justice Thurgood Marshall initially supported the death penalty but later in his career, particularly evident in his dissenting opinions, he expressed a change of heart and argued against it, believing it to be unconstitutional and morally wrong.

Question 18

After Furman, states revised their laws in an attempt to make them acceptable to the other members of the Court.

Accepted Answer

After the Furman v. Georgia decision in 1972, which invalidated most existing death penalty laws, states revised their laws in an attempt to address the Supreme Court's concerns about arbitrary and discriminatory application, aiming to make them acceptable to the Court.

Question 19

Mandatory death penalty statutes made the death penalty automatic for anyone convicted of a particular crime (e.g., first-degree murder).

Accepted Answer

Mandatory death penalty statutes required the imposition of the death penalty for individuals convicted of certain crimes, removing discretion from judges or juries in sentencing.

Question 20

The Second Amendment affirms that "no person shall be subject for the same offense to be twice put in jeopardy of life or limb."

Accepted Answer

The clause "no person shall be subject for the same offense to be twice put in jeopardy of life or limb" is from the Fifth Amendment, not the Second Amendment. The Second Amendment pertains to the right to keep and bear arms.

Quiz 2: The Foundation Cases: Furman V.Georgia and Gregg V.Georgia