Question 1

What state was the first jurisdiction to impose a post-Furman death sentence?

Accepted Answer

Georgia was the first state to impose a post-Furman death sentence in 1973.

Question 2

Which of the following is not a type of guided discretion statute?

Accepted Answer

Mitigating v. structured is not a type of guided discretion statute. The other options (A, B, C, and E) are all types of guided discretion statutes.

Question 3

Which of the following types of guided discretion statute is employed by Florida?

Accepted Answer

Florida employs an aggravating v. mitigating type of guided discretion statute. This means that judges must consider both aggravating and mitigating factors when determining a sentence. Aggravating factors are those that make the crime more serious or heinous, while mitigating factors are those that lessen the severity of the crime or the defendant's culpability. The judge must weigh these factors and decide on an appropriate sentence within the range provided by the statute.

Question 4

As a result of Supreme Court decisions, the death penalty, unlike any other punishment prescribed by law, requires special procedures that ensure its lawful application. What has Professor Margaret Jane Radin called those special procedures:

Accepted Answer

Professor Margaret Jane Radin referred to the special procedures required for the lawful application of the death penalty as "super due process."

Question 5

Between 1968 and 1977 no one was executed under state authority in the United States.

Accepted Answer

This statement is true. The U.S. Supreme Court declared the death penalty unconstitutional in 1972, and it was not reinstated until 1976. During this time, no executions were carried out.

Question 6

In U.S. v. Jackson (1968), the Supreme Court upheld the provision in the federal kidnapping statute that required a jury recommendation to impose the death penalty.

Accepted Answer

In U.S. v. Jackson (1968), the Supreme Court actually struck down the provision in the federal kidnapping statute that required a jury recommendation for the death penalty, ruling it unconstitutional because it might coerce defendants to waive their right to a jury trial to avoid the possibility of the death penalty.

Question 7

"Death qualification" refers to the common practice of excusing prospective jurors simply because they are opposed to capital punishment.

Accepted Answer

"Death qualification" is the practice of excusing jurors who are opposed to the death penalty from serving on a capital case jury, in order to ensure that the jury is made up of people who are open to considering the death penalty as a possible sentence.

Question 8

Research shows that "death-qualified" juries are more conviction-prone.

Accepted Answer

Death-qualified juries are more likely to be conviction-prone because they exclude jurors who have moral or religious objections to the death penalty. This results in a jury pool that is more likely to have a pro-prosecution bias.

Question 9

The LDF attorneys hoped that the arguments set forth in the Boykin v. Alabama brief would eventually become the basis for the death penalty's complete abolition on Eighth Amendment grounds.

Accepted Answer

The sentence states that the LDF attorneys hoped their arguments would become the basis for the complete abolition of the death penalty, suggesting they believed the arguments would be successful. Therefore, the statement is true.

Question 10

The five justices of the Furman majority maintained that capital punishment, itself, violated the Eighth and Fourteenth Amendments.

Accepted Answer

The Furman majority did not declare capital punishment itself to be unconstitutional. Rather, they found that its application was unconstitutional because it was being applied in an arbitrary and discriminatory manner.

Question 11

The U.S. Supreme Court was the first federal court to declare the death penalty unconstitutional in violation of the Eighth Amendment's prohibition of cruel and unusual punishment.

Accepted Answer

The U.S. Supreme Court has never declared the death penalty itself unconstitutional. Instead, it has made rulings on the manner of execution and the fairness of the death penalty's application, such as in Furman v. Georgia (1972), which temporarily halted the death penalty due to concerns about arbitrary sentencing.

Question 12

The Supreme Court opined that the "guided discretion" statutes would respect the defendant's basic human dignity, as required by the Eighth Amendment, and prevent jury nullification-the practice of a jury's refusal to convict guilty defendants to avoid imposing unjust death sentences.

Accepted Answer

The statement accurately reflects the Supreme Court's opinion on the use of "guided discretion" statutes in death penalty cases.

Question 13

Following Furman, Congress passed a constitutional amendment to restore the death penalty.

Accepted Answer

After the Furman v. Georgia decision in 1972, which temporarily halted the death penalty in the United States, Congress did not pass a constitutional amendment to restore it. Instead, states revised their death penalty statutes to address the Supreme Court's concerns, leading to the reinstatement of the death penalty through subsequent court decisions, notably Gregg v. Georgia in 1976.

Question 14

Life without opportunity of parole (LWOP) statutes were enacted in response to the Furman decision.

Accepted Answer

The Furman v. Georgia decision in 1972 led to a temporary halt of capital punishment across the United States, prompting states to revise their sentencing laws, including the enactment of life without parole (LWOP) statutes, as a way to ensure severe punishment in the absence of the death penalty.

Question 15

Bifurcated trials consist of a guilt phase, where guilt or innocence is the principal issue to be determined, and a penalty phase, where the imposition of either a life or death sentence is the sole issue.

Accepted Answer

Bifurcated trials have distinct guilt and penalty phases. In the guilt phase, the jury determines whether the defendant is guilty beyond a reasonable doubt. In the penalty phase, if the defendant is found guilty, the jury decides whether to impose a life sentence or the death penalty based on the aggravating and mitigating circumstances presented by both the prosecution and defense.

Question 16

The purpose of proportionality review is to identify sentencing disparities and aid in their elimination.

Accepted Answer

Proportionality review is a mechanism used to identify and address sentencing disparities, with the ultimate goal of promoting fairness and equality in the criminal justice system. By comparing the severity of the punishment to the gravity of the offense and the offender's criminal history, proportionality review can help prevent disproportionate or arbitrary sentences.

Question 17

The primary justification for the unique procedural safeguards approved by the Supreme Court was the "death is different" principle.

Accepted Answer

The "death is different" principle refers to the idea that capital punishment is qualitatively different from all other forms of punishment, and therefore requires additional procedural safeguards to ensure that it is applied fairly and accurately. The Supreme Court has approved a number of unique procedural safeguards for death penalty cases based on this principle.

Question 18

In approving guided-discretion death penalty statutes, the Court apparently opted (if it ever considered the dilemma) for consistency in application over the consideration of individual circumstances.

Accepted Answer

The Court's approval of guided-discretion death penalty statutes was aimed at ensuring both consistency in application and the consideration of individual circumstances, by requiring specific criteria to be considered in death penalty cases to prevent arbitrary sentencing.

Question 19

The Supreme Court approved the "guided discretion" statutes on faith.

Accepted Answer

The Supreme Court approved the "guided discretion" statutes on faith that they would be used to reduce racial disparities in sentencing.

Question 20

If a jury in a "weighing state" finds aggravating and mitigating factors of equal weight, it may impose a death sentence.

Accepted Answer

In states that follow the weighing method for imposing the death penalty, if the jury finds that the aggravating and mitigating factors are of equal weight, they may still impose a death sentence. This means that the jury has the discretion to decide whether or not to impose the death penalty in this situation.

Quiz 3: The Challenge to Capital Punishments Legality