Question 1

In a study of 381 murder convictions since 1963 that were reversed because of police or prosecutor misconduct, how many prosecutors who broke the law were convicted or disbarred for their misconduct?

Accepted Answer

According to the given information, none of the prosecutors who broke the law were convicted or disbarred for their misconduct.

Question 2

According to a 1990 National Law Journal study, which of the following statements about legal representation of poor capital defendants in Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas is not true?

Accepted Answer

All of the statements are true according to the 1990 National Law Journal study on legal representation of poor capital defendants in Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.

Question 3

In which of the following 1984 cases did the Supreme Court provide guidelines as to when counsel may become ineffective?

Accepted Answer

In Strickland v. Washington, the Supreme Court provided the standard for determining when counsel may become ineffective.

Question 4

In a study that compared innocent capital defendants who were eventually exonerated and released from death row and innocent capital defendants who were later executed, defendants with private lawyers at trial were how many times more likely to be exonerated and released from death row than defendants with court-appointed attorneys?

Accepted Answer

Innocent capital defendants who were eventually exonerated and released from death row were 9 times more likely to have had private lawyers at trial than court-appointed attorneys. This highlights the significant impact that having a private lawyer can have on the outcome of a capital case.

Question 5

Which of the following is not a reason the Court, in Strickland v. Washington, refused to adopt performance guidelines for evaluating counsel in capital cases?

Accepted Answer

The Court did not base their decision on the assumption that any attorney who graduated from a reputable law school and passed the bar exam was competent. This choice does not accurately reflect the Court's reasoning.

Question 6

Which of the following is not a type of clemency relevant to capital punishment?

Accepted Answer

Reprieve, commutation, and pardon are all types of clemency that can be relevant to capital punishment. However, deletion is not a recognized type of clemency in this context.

Question 7

Which of the following is the most common type of clemency employed in capital cases?

Accepted Answer

The answer of Which of the following is the most...

Question 8

Which of the following types of clemency is rarely granted in capital cases?

Accepted Answer

Pardon is rarely granted in capital cases as it completely forgives the individual for the crime they were convicted of, which is not a common outcome in cases where the death penalty was imposed. Commutations, reprieves, and deletions may be granted more frequently as they do not completely absolve the individual of their crime.

Question 9

Which of the following are suggested ways to stop miscarriages of justice?

Accepted Answer

All of the above are suggested ways to stop miscarriages of justice. This includes improving eyewitness identification techniques and procedures, improving DNA testing requirements, punishing the misconduct of defense attorneys, and punishing police misconduct.

Question 10

Which of the following is not one of the most common reasons for granting clemency during the post-Furman period?

Accepted Answer

All of the reasons listed (doubts about guilt, mental retardation, mental illness, and equitable concerns) are common reasons for granting clemency during the post-Furman period. Therefore, none of them is not one of the most common reasons for granting clemency.

Question 11

In the twentieth century, no government official in the United States ever admitted to being involved in the execution of an innocent person.

Accepted Answer

There is no evidence to suggest that any government official in the United States has ever admitted to being involved in the execution of an innocent person.

Question 12

The best evidence of miscarriages of justice in capital cases are those convicted capital offenders who have been freed prior to their executions.

Accepted Answer

The release of convicted capital offenders prior to their executions is a clear indication of miscarriage of justice in capital cases. It means that they were wrongly convicted and sentenced to death for a crime they did not commit. This is a serious concern in the justice system as it highlights the need for a fair and unbiased trial process to ensure that innocent people are not put on death row.

Question 13

Victims of miscarriages of justice in capital cases frequently receive indemnity from the state that wrongfully convicted them.

Accepted Answer

Victims of miscarriages of justice in capital cases do not frequently receive indemnity; compensation varies by jurisdiction and is not guaranteed.

Question 14

During the first seven and one-half decades of this century, there was an average of about six "discovered" wrongful convictions in capital cases a year. That was about the same number of "discovered" wrongful convictions per year during the 1980s, with "super due process."

Accepted Answer

The statement accurately reflects the information provided.

Question 15

The average number of innocent death row inmates being released has been decreasing.

Accepted Answer

Studies and reports, including those from the Death Penalty Information Center, have shown that the number of exonerations of death row inmates has been increasing over the years, indicating improvements in legal representation, the use of DNA evidence, and the reconsideration of wrongful convictions.

Question 16

As many as 26 people (and likely more) may have been executed in error in the United States since 1976 and the implementation of "super due process."

Accepted Answer

According to a study by the Proceedings of the National Academy of Sciences, it is estimated that 4.1% of people who are sentenced to death in the United States are innocent, which could mean as many as 26 executions in error since 1976.

Question 17

Research shows that exonerated defendants today receive more than ten times the number of newspaper stories, per individual, than those who were exonerated before 1991.

Accepted Answer

This information is supported by research conducted by the National Registry of Exonerations, which found that exonerated defendants today receive an average of 4.4 news stories per individual, compared to 0.4 stories for those exonerated before 1991. This is a difference of more than ten times.

Question 18

Most errors in capital cases are probably never discovered, but of those that are there are two general types: "harmless" errors and "serious" or "prejudicial" errors.

Accepted Answer

This statement is true. While many errors in capital cases may go unnoticed, those that are discovered can be classified as either harmless or serious or prejudicial.

Question 19

Appellate courts will reverse convictions and sentences only for serious or prejudicial errors that have been properly preserved.

Accepted Answer

This is a basic principle of appellate law. Appellate courts generally will not review issues that were not preserved in the trial court, and will only reverse a conviction or sentence if there was a serious or prejudicial error that occurred during the trial.

Question 20

Prior to the mid-1990s, there was no harmless error and nearly any mistake, especially a violation of a defendant's constitutional rights, was considered serious or prejudicial even if it did not affect the outcome of the trial.

Accepted Answer

Before the mid-1990s, the "harmless error" rule already existed, allowing appellate courts to affirm convictions if they believed beyond a reasonable doubt that errors committed during the trial did not affect the trial's outcome, even if those errors involved constitutional rights.

Quiz 9: Miscarriages of Justice and the Death Penalty