Question 1

__________ counter that the cases of exoneration prove that the system does make mistakes, and we have no way of knowing how many other mistakes have not been caught and rectified.

Accepted Answer

Abolitionists argue for the complete abolition of the death penalty, and one of their key arguments is that the existence of cases of exoneration proves that the justice system is fallible and has made mistakes in the past. They also argue that there may be other mistakes that have not been caught, which further undermines the reliability and fairness of the system.

Question 2

Liebman et al.'s (2000) study regarding death sentence reversals found that one of the most common reasons for reversal was the result of __________ of evidence that the defendant is innocent or does not deserve the death penalty.

Accepted Answer

Liebman et al.'s study found that prosecutorial suppression of evidence that supports the defendant's innocence or suggests that they do not deserve the death penalty was one of the most common reasons for death sentence reversals. The other options listed (lack of effective counsel, attorney/client privilege, and juries not following instructions) were not identified as the most common reasons for reversal in this study.

Question 3

__________ sometimes point out that many endeavors run the risk of death for innocent people; we try to minimize the risk, but accept that some fatal errors will be made.

Accepted Answer

Retentionists, who support the retention of the death penalty, often argue that while efforts are made to minimize the risk of executing innocent people, some level of risk is inevitable in the pursuit of justice.

Question 4

People who are convicted of killing __________ are more likely to receive the death sentence than those convicted of killing __________.

Accepted Answer

Studies have consistently shown that defendants who kill white victims are more likely to receive the death penalty than those who kill black victims. This is known as the race-of-victim effect. Race is unfortunately a large factor in determining the sentencing of the death penalty.

Question 5

In this case the Court held that to make a showing of racial discrimination sufficient to overturn a death sentence, a defendant would have to demonstrate that some decisionmaker-judge, prosecutor, or jury-acted with "discriminatory purpose" against him or her.

Accepted Answer

The case described is McCleskey v. Kemp, where the Court established the "discriminatory purpose" standard for claims of racial discrimination in capital cases.

Question 6

More than two-thirds of the countries in the world have abolished the death penalty in law or in practice.

Accepted Answer

According to Amnesty International, as of 2021, 108 countries have abolished the death penalty for all crimes, and 144 have abolished it in law or practice. This means that more than two-thirds of the countries in the world have abolished the death penalty in law or in practice. Therefore, the statement is true.

Question 7

The history of the death penalty in the American South is closely connected to the region's racial history.

Accepted Answer

The use of the death penalty in the American South has a historical association with the region's racial history, including its use as a tool of racial control and repression during the era of slavery and its continued use as a means of punishing black Americans at disproportionate rates compared to white Americans.

Question 8

The current death penalty system is the same as the pre-Furman system of capital punishment.

Accepted Answer

The current death penalty system is different from the pre-Furman system of capital punishment, as the latter was ruled unconstitutional by the Supreme Court in the case of Furman v. Georgia (1972). The current system requires certain procedural safeguards and limitations on which crimes are eligible for the death penalty.

Question 9

The Supreme Court has ruled that lethal injection is not cruel and unusual punishment.

Accepted Answer

In the case of Baze v. Rees (2008), the Supreme Court ruled that lethal injection is not cruel and unusual punishment under the Eighth Amendment.

Question 10

A 2009 Gallup Poll demonstrated that 59% of respondents did believe that the United States has executed someone in the past five years who was innocent of the crime.

Accepted Answer

According to the 2009 Gallup Poll, 59% of respondents believed that the United States has executed someone in the past five years who was innocent.

Question 11

Can the administration of the death penalty be improved by changing the laws? Draft a model death penalty statute that you think would adequately guide juror discretion.

Accepted Answer

The answer of Can the administration of the death penalty...

Question 12

What are some ways society could help murder victims' family members beyond convicting and sentencing the offender?

Accepted Answer

The answer of What are some ways society could help...

Question 13

A Supreme Court ruling now prevents juveniles from being sentenced to death. Do you support or oppose this ruling, and why?

Accepted Answer

The answer of A Supreme Court ruling now prevents juveniles...

Question 14

Should the policies of the United States' criminal justice system be influenced by practices in other countries? Why or why not?

Accepted Answer

The answer of Should the policies of the United States'...

Question 15

A number of recent executions have been "botched"-that is, the prisoners' deaths were prolonged and possibly quite painful. Does the state have an obligation to provide a quick and painless means of death?

Accepted Answer

The answer of A number of recent executions have been...

Question 16

Some people support a moratorium on executions until the system can be studied and any flaws that are found can be corrected. Others argue that the moratorium effort is really an attempt to abolish the death penalty permanently. Discuss the pros and cons of a moratorium.

Accepted Answer

The answer of Some people support a moratorium on executions...

Question 17

How large a part should the wishes of the victim's family play in determining a sentence? If family wishes should be given great weight, what should be done when members of the same family disagree as to the proper punishment?

Accepted Answer

The answer of How large a part should the wishes...

Question 18

How much, if any, consideration should be given to the effect of a death sentence on the prisoner's family? Is this a sufficient reason to spare people from execution?

Accepted Answer

The answer of How much, if any, consideration should be...

Question 19

Ethics Focus: Life Without Parole
After the Supreme Court ruled that the death penalty was unconstitutional for juveniles (Roper v. Simmons, 543 U.S. 551, 2005), many people thought that this solved the problem of inappropriate sentences for juvenile murderers. What has happened, however, is that now many juvenile murderers are receiving Life-without-Parole sentences (LWOP). The latest available information shows that some 2,225 juveniles are serving LWOP sentences (Feld, 2008).
Critics argue that LWOP sentences are also inappropriate for juveniles. The same rationale that influenced the Supreme Court to rule capital punishment unconstitutional for juveniles-that juveniles are developmentally immature and therefore not fully accountable for their actions-applies to LWOP sentences. In other words, many argue that the psychological immaturity and impulsivity of juveniles should also rule out a sentence of life without parole. Feld (2008), for example, argues that juveniles' lack of complete development should dictate a sentence of no longer than 20 to 30 years for even the most serious crimes.
In the Roper decision, Justice Antonin Scalia argued that he would leave the decision of the penalty for a murder by a juvenile in the hands of the jury in that case. He argued that the jury should take into account the possible immaturity of the juvenile and decide whether to impose the death penalty. So, perhaps, he would argue for such jury decisionmaking concerning life without parole. Recall also, however, that youth (immaturity) is supposed to be a mitigator that juries consider to reduce sentences down from the death penalty. In practice, though, juries often use youth (young age) as an aggravator; juries often think that if an offender is young he represents a greater danger and therefore should receive a harsher or longer sentence. [Note: In June 2012, in a 5-4 ruling, the U.S. Supreme Court said states can no longer hand out automatic life-without-parole sentences to juveniles convicted of certain violent crimes.]
-Do you think age should be considered a mitigating circumstance? Why or why not?

Accepted Answer

The answer of Ethics Focus: Life Without Parole
After the Supreme...

Question 20

Ethics Focus: Life Without Parole
After the Supreme Court ruled that the death penalty was unconstitutional for juveniles (Roper v. Simmons, 543 U.S. 551, 2005), many people thought that this solved the problem of inappropriate sentences for juvenile murderers. What has happened, however, is that now many juvenile murderers are receiving Life-without-Parole sentences (LWOP). The latest available information shows that some 2,225 juveniles are serving LWOP sentences (Feld, 2008).
Critics argue that LWOP sentences are also inappropriate for juveniles. The same rationale that influenced the Supreme Court to rule capital punishment unconstitutional for juveniles-that juveniles are developmentally immature and therefore not fully accountable for their actions-applies to LWOP sentences. In other words, many argue that the psychological immaturity and impulsivity of juveniles should also rule out a sentence of life without parole. Feld (2008), for example, argues that juveniles' lack of complete development should dictate a sentence of no longer than 20 to 30 years for even the most serious crimes.
In the Roper decision, Justice Antonin Scalia argued that he would leave the decision of the penalty for a murder by a juvenile in the hands of the jury in that case. He argued that the jury should take into account the possible immaturity of the juvenile and decide whether to impose the death penalty. So, perhaps, he would argue for such jury decisionmaking concerning life without parole. Recall also, however, that youth (immaturity) is supposed to be a mitigator that juries consider to reduce sentences down from the death penalty. In practice, though, juries often use youth (young age) as an aggravator; juries often think that if an offender is young he represents a greater danger and therefore should receive a harsher or longer sentence. [Note: In June 2012, in a 5-4 ruling, the U.S. Supreme Court said states can no longer hand out automatic life-without-parole sentences to juveniles convicted of certain violent crimes.]
-Do you think age should be considered an aggravating circumstance? Why or why not?

Accepted Answer