Deck 17: The Death Penalty
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Deck 17: The Death Penalty
1
Potential jurors excluded during the process of death qualification because of their opposition to the death penalty are more likely to be:
A) female, African American, and politically liberal.
B) female, Hispanic, and politically conservative.
C) male, white, and politically liberal.
D) male, Hispanic, and politically conservative.
A) female, African American, and politically liberal.
B) female, Hispanic, and politically conservative.
C) male, white, and politically liberal.
D) male, Hispanic, and politically conservative.
female, African American, and politically liberal.
2
Liebman, Fagan, and West (2000) examined every capital case in the United States over a 22-year period and found that _____ of death sentences were reversed because of serious errors at trial, with the most frequent cause of errors being _____.
A) 68%; incompetent defense lawyers
B) 52%; faulty or misleading jury instructions
C) 37%; prosecutorial misconduct
D) 12%; judges' misconduct
A) 68%; incompetent defense lawyers
B) 52%; faulty or misleading jury instructions
C) 37%; prosecutorial misconduct
D) 12%; judges' misconduct
68%; incompetent defense lawyers
3
Baldus, Woodworth, and Pulaski (1990) analyzed 594 homicides in Georgia and found that blacks convicted of killing whites were sentenced to death in _____ of capital cases, while whites convicted of killing blacks were sentenced to death in _____ of capital cases.
A) 100%; 25%
B) 22%; 3%
C) 31%; 52%
D) 50%; 92%
A) 100%; 25%
B) 22%; 3%
C) 31%; 52%
D) 50%; 92%
22%; 3%
4
In protest of the death penalty, many countries:
A) execute criminals sentenced to death in the United States.
B) impose trade embargo on U.S. goods and services.
C) do not recognize educational credentials from U.S. universities.
D) help their citizens facing execution in the United States.
A) execute criminals sentenced to death in the United States.
B) impose trade embargo on U.S. goods and services.
C) do not recognize educational credentials from U.S. universities.
D) help their citizens facing execution in the United States.
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5
In those parts of the world where the death penalty is still in force (outside the United States), the most widely used forms of execution are:
A) lethal injection and the gas chamber.
B) lethal injection and the electric chair.
C) the gas chamber and the electric chair.
D) hanging and shooting.
A) lethal injection and the gas chamber.
B) lethal injection and the electric chair.
C) the gas chamber and the electric chair.
D) hanging and shooting.
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6
Many countries refuse to _____ in protest of the death penalty.
A) extradite death-penalty eligible criminals to the United States
B) trade goods and services with the United States
C) allow U.S. military aircraft to use their air space
D) help their citizens facing execution in the United States
A) extradite death-penalty eligible criminals to the United States
B) trade goods and services with the United States
C) allow U.S. military aircraft to use their air space
D) help their citizens facing execution in the United States
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7
Most democracies in the Western hemisphere _____ the death penalty. In the United States, however, the opposite is true. In fact, _____ of the U.S. states have the death penalty.
A) do not recognize; the majority
B) do not recognize; only a small minority
C) regularly use; the majority
D) regularly use; only a small minority
A) do not recognize; the majority
B) do not recognize; only a small minority
C) regularly use; the majority
D) regularly use; only a small minority
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8
In Lockhart v. McCree (1986), the Supreme Court reviewed research on jurors' death qualification. The decision was to:
A) dismiss the research findings as irrelevant and outlaw the use of death-qualified juries.
B) dismiss the research findings as irrelevant and uphold the use of death-qualified juries.
C) agree with the research findings and outlaw the use of death-qualified juries.
D) disagree with the validity of the findings and order additional research on the issue.
A) dismiss the research findings as irrelevant and outlaw the use of death-qualified juries.
B) dismiss the research findings as irrelevant and uphold the use of death-qualified juries.
C) agree with the research findings and outlaw the use of death-qualified juries.
D) disagree with the validity of the findings and order additional research on the issue.
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9
The brutalization effect refers to the:
A) tendency of juries to give more weight to aggravating factors in capital cases.
B) increases in murder rates following executions.
C) suggestion that brutal methods of execution like the electric chair deter murderers.
D) likelihood that repeat offenders are more likely to be sentenced to death.
A) tendency of juries to give more weight to aggravating factors in capital cases.
B) increases in murder rates following executions.
C) suggestion that brutal methods of execution like the electric chair deter murderers.
D) likelihood that repeat offenders are more likely to be sentenced to death.
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10
In 1972, the Supreme Court ruled the death penalty in its then-existing form unconstitutional in _____. However, executions resumed in _____.
A) Atkins v. Virginia; 1977
B) Atkins v. Virginia; 2000
C) Furman v. Georgia; 1977
D) Furman v. Georgia; 2000
A) Atkins v. Virginia; 1977
B) Atkins v. Virginia; 2000
C) Furman v. Georgia; 1977
D) Furman v. Georgia; 2000
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11
Which of the following is NOT a result of Gregg v. Georgia (1976) and its companion cases?
A) The sentence of death has been made mandatory for certain types of murder.
B) All death sentences must be reviewed by state supreme courts.
C) Bifurcated proceedings are used in all capital trials.
D) Jurors are instructed to weigh aggravating and mitigating factors during the penalty phase.
A) The sentence of death has been made mandatory for certain types of murder.
B) All death sentences must be reviewed by state supreme courts.
C) Bifurcated proceedings are used in all capital trials.
D) Jurors are instructed to weigh aggravating and mitigating factors during the penalty phase.
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12
In Baze v. Rees (2008), the Supreme Court ruled that the use of lethal injection for administering the death penalty _____. This decision was later _____ in Glossip v. Gross (2015).
A) does not violate the Constitution; reversed
B) does not violate the Constitution; bolstered
C) constitutes a cruel and unusual punishment; reversed
D) constitutes a cruel and unusual punishment; bolstered
A) does not violate the Constitution; reversed
B) does not violate the Constitution; bolstered
C) constitutes a cruel and unusual punishment; reversed
D) constitutes a cruel and unusual punishment; bolstered
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13
In Roper v. Simmons (2005), the Supreme Court abolished the death penalty for:
A) the severely mentally ill.
B) the intellectually disabled.
C) elderly women.
D) juvenile offenders.
A) the severely mentally ill.
B) the intellectually disabled.
C) elderly women.
D) juvenile offenders.
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14
The two parts of a bifurcated capital trial are:
A) defense arguments and prosecution arguments.
B) presentation of aggravating factors and mitigating factors.
C) trial presentation and jury deliberation.
D) guilt phase and penalty phase.
A) defense arguments and prosecution arguments.
B) presentation of aggravating factors and mitigating factors.
C) trial presentation and jury deliberation.
D) guilt phase and penalty phase.
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15
Generally, Americans _____ the death penalty. However, when asked to compare it with life without parole, _____ prefer punishment other than the death penalty.
A) favor; very few
B) favor; a clear majority of respondents
C) are opposed to; very few
D) are opposed to; only affluent respondents
A) favor; very few
B) favor; a clear majority of respondents
C) are opposed to; very few
D) are opposed to; only affluent respondents
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16
In which of the following cases did the Supreme Court rule that intellectually disabled individuals cannot be sentenced to death?
A) Ring v. Arizona (2002)
B) Atkins v. Virginia (2002)
C) Roper v. Simmons (2005)
D) Hurst v. Florida (2016)
A) Ring v. Arizona (2002)
B) Atkins v. Virginia (2002)
C) Roper v. Simmons (2005)
D) Hurst v. Florida (2016)
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17
Since the abolition of slavery, there has been an enduring effect of race on how the defendant is sentenced. Evidence of racial discrimination in sentencing defendants to death is clearest in cases involving:
A) rape.
B) treason.
C) gang-related murder.
D) aggravated incest.
A) rape.
B) treason.
C) gang-related murder.
D) aggravated incest.
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18
What is a preferred method of execution in the 31 U.S. states that currently have the death penalty?
A) Lethal injection.
B) The gas chamber.
C) The electric chair.
D) Hanging.
A) Lethal injection.
B) The gas chamber.
C) The electric chair.
D) Hanging.
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19
Most democratic countries consider the death penalty to be a violation of basic human rights. Among the countries that do execute their own people, all of the following countries are "leaders" in the number of executions, EXCEPT:
A) China
B) India
C) Pakistan
D) Saudi Arabia
A) China
B) India
C) Pakistan
D) Saudi Arabia
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20
In the parts of the world that still recognize the death penalty, the methods of execution often include hanging and shooting, as well as:
A) beheading.
B) lethal injection.
C) the gas chamber.
D) the electric chair.
A) beheading.
B) lethal injection.
C) the gas chamber.
D) the electric chair.
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21
Generally, all of the following crimes fall under the definition of aggravated murder, EXCEPT:
A) murder of a police officer.
B) murder when committing a felony.
C) murder in a state of affect.
D) murder for hire.
A) murder of a police officer.
B) murder when committing a felony.
C) murder in a state of affect.
D) murder for hire.
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22
The definition of aggravated murder punishable by death _____ across jurisdictions.
A) is consistent
B) varies
C) overlaps with other types of crimes
D) is dictated by the FBI
A) is consistent
B) varies
C) overlaps with other types of crimes
D) is dictated by the FBI
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23
Capital crimes under the federal law include all of the following crimes, EXCEPT:
A) treason.
B) murder of a government official.
C) sending lethal weapons like anthrax bacteria via USPS.
D) possessing bomb-making material and instructions.
A) treason.
B) murder of a government official.
C) sending lethal weapons like anthrax bacteria via USPS.
D) possessing bomb-making material and instructions.
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24
In Gregg v. Georgia (1976), and in companion cases, the Supreme Court set up a series of reforms. These reforms are referred to as the:
A) formal edicts.
B) recommendation statutes.
C) guided discretion statutes.
D) state laws.
A) formal edicts.
B) recommendation statutes.
C) guided discretion statutes.
D) state laws.
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25
Even though _____ states, the federal government, and the military still recognize the death penalty, executions are relatively _____ in the United States.
A) the majority of; common
B) the majority of; rare
C) very few; common
D) very few; rare
A) the majority of; common
B) the majority of; rare
C) very few; common
D) very few; rare
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26
In most countries with the death penalty other than the United States, the common methods of execution include all of the following, EXCEPT:
A) hanging.
B) shooting.
C) beheading.
D) lethal injection.
A) hanging.
B) shooting.
C) beheading.
D) lethal injection.
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27
Following Gregg v. Georgia and its companion cases, all death sentences are:
A) upheld.
B) considered unconstitutional.
C) deemed appropriate.
D) reviewed by state supreme courts.
A) upheld.
B) considered unconstitutional.
C) deemed appropriate.
D) reviewed by state supreme courts.
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28
Excluding federal crimes, the only crime punishable by death in the United States is:
A) incest.
B) manslaughter.
C) aggravated murder.
D) aggravated rape.
A) incest.
B) manslaughter.
C) aggravated murder.
D) aggravated rape.
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29
It is often asserted that the majority of Americans ____ the death penalty. However, if people are asked to compare the death penalty with an alternative of life imprisonment, most respondents choose _____ as a more acceptable punishment.
A) support; life imprisonment
B) support; the death penalty
C) oppose; life imprisonment
D) oppose; the death penalty
A) support; life imprisonment
B) support; the death penalty
C) oppose; life imprisonment
D) oppose; the death penalty
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30
Four of the states listed below account for over 50% of executions in the United States. Which one of them is responsible for more than a third of all U.S. executions since 1976?
A) Florida.
B) Oklahoma.
C) Texas.
D) Virginia.
A) Florida.
B) Oklahoma.
C) Texas.
D) Virginia.
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31
When it comes to the financial cost of the death penalty, the following statement is NOT true:
A) Maintaining the death penalty is far more expensive than abandoning it.
B) States could save huge amounts of money by abolishing the death penalty.
C) Money can be saved if a capital case defendant is eventually sentenced to life in prison.
D) Capital cases are more expensive at every stage of the legal process.
A) Maintaining the death penalty is far more expensive than abandoning it.
B) States could save huge amounts of money by abolishing the death penalty.
C) Money can be saved if a capital case defendant is eventually sentenced to life in prison.
D) Capital cases are more expensive at every stage of the legal process.
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32
Politicians and conservative talk show hosts often state that most Americans favor the death penalty. However, this assertion:
A) ignores the fact that many Americans refuse to answer surveys.
B) is completely unfounded.
C) equates the death penalty with life imprisonment as an alternative punishment.
D) is based on a survey that does not mention life in prison as an alternative.
A) ignores the fact that many Americans refuse to answer surveys.
B) is completely unfounded.
C) equates the death penalty with life imprisonment as an alternative punishment.
D) is based on a survey that does not mention life in prison as an alternative.
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33
Different factors come into play during the sentencing phase of a homicide case when it is decided whether the sentence should be death or life in prison with no hope of parole. Circumstances that support the death sentence are called:
A) mitigating factors.
B) aggravating factors.
C) proof of mental disease.
D) degree of conviction.
A) mitigating factors.
B) aggravating factors.
C) proof of mental disease.
D) degree of conviction.
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34
Constitutional challenges regarding the death penalty have taken place in many states. In Furman v. Georgia (1972), the Supreme Court ruled that capital punishment was unconstitutional. Although this decision _____ the death penalty, it _____ how it was carried out.
A) did not abolish; put restrictions on
B) did not abolish; also couldn't put any restrictions on
C) strongly supported; also modified
D) strongly supported; only partially affirmed
A) did not abolish; put restrictions on
B) did not abolish; also couldn't put any restrictions on
C) strongly supported; also modified
D) strongly supported; only partially affirmed
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35
Three of the four forms of execution below are only used in the United States. Which one is used in other countries that administer the death penalty?
A) Hanging.
B) The electric chair.
C) The gas chamber.
D) Lethal injection.
A) Hanging.
B) The electric chair.
C) The gas chamber.
D) Lethal injection.
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36
More than 2,900 individuals are now on death row in the United States. It is most likely that the majority of them will:
A) be executed within the next 5 years.
B) die of injuries sustained in prison.
C) die from lethal injection.
D) die of natural causes.
A) be executed within the next 5 years.
B) die of injuries sustained in prison.
C) die from lethal injection.
D) die of natural causes.
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37
In the reforms set forth in Gregg v. Georgia (1976), defendants on trial for capital murder must be tried by juries in:
A) one phase.
B) two phases.
C) three phases.
D) at least half of the cases.
A) one phase.
B) two phases.
C) three phases.
D) at least half of the cases.
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38
Maintaining the death penalty is _____ than abandoning it. The costs of the death penalty are _____ if the defendant is eventually sentenced to life in prison.
A) far more expensive; incurred even
B) far more expensive; diminished
C) cheaper; incurred even
D) cheaper; diminished
A) far more expensive; incurred even
B) far more expensive; diminished
C) cheaper; incurred even
D) cheaper; diminished
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39
In terms of frequency, it is noted in the text that _____ of murderers are executed in the United States.
A) fewer than 1%
B) about 10%
C) approximately 25%
D) over 50%
A) fewer than 1%
B) about 10%
C) approximately 25%
D) over 50%
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40
A defendant is deemed "guilty" or "not guilty" during _____ of a capital murder trial.
A) phase one
B) phase two
C) a pre-trial phase
D) a post-sentencing phase
A) phase one
B) phase two
C) a pre-trial phase
D) a post-sentencing phase
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41
A study tracked jurors' emotions during a capital penalty trial. Researchers found that the more intense a juror's _____, the _____ likely that juror was to vote for death.
A) curiosity; more
B) curiosity; less
C) anger; more
D) anger; less
A) curiosity; more
B) curiosity; less
C) anger; more
D) anger; less
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42
Research by Lynch and Haney (2000), using identical cases but varying the race of the victim and the offender, has found the following: when the defendant was black and the victim was white, _____ percentage of mock jurors recommended the sentence of death, compared to when the defendant was white and the victim was black. This finding only applied to those mock jurors who _____.
A) a lower; did not understand the instructions well
B) approximately the same; have participated in trials before
C) a higher; did not understand the instructions well
D) a higher; have participated in trials before
A) a lower; did not understand the instructions well
B) approximately the same; have participated in trials before
C) a higher; did not understand the instructions well
D) a higher; have participated in trials before
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43
People sentenced to death spend, on average, about _____ on death row between conviction and execution, and this interval has been _____ in recent years.
A) 20 months; quickly decreasing
B) 20 months; slowly increasing
C) 15 years; quickly decreasing
D) 15 years; slowly increasing
A) 20 months; quickly decreasing
B) 20 months; slowly increasing
C) 15 years; quickly decreasing
D) 15 years; slowly increasing
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44
In Atkins v. Virginia (2002), the Supreme Court has put an end to executions of convicted criminals deemed:
A) mentally ill.
B) intellectually disabled.
C) to suffer from personality disorder.
D) socioeconomically disadvantaged.
A) mentally ill.
B) intellectually disabled.
C) to suffer from personality disorder.
D) socioeconomically disadvantaged.
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45
Part of the reason for the Supreme Court decision in Roper v. Simmons (2005) was a result of research findings showing that key psychological capacities of juveniles are not fully developed compared to adults. These key capacities include all of the following, EXCEPT:
A) impulse control.
B) rational decision-making.
C) emotional expression.
D) long-term foresight.
A) impulse control.
B) rational decision-making.
C) emotional expression.
D) long-term foresight.
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46
Mitigating factors in capital cases are characteristics that make:
A) sure the death penalty will be fast and painless.
B) the need for execution clear.
C) a case for humane execution.
D) execution less appropriate as a punishment.
A) sure the death penalty will be fast and painless.
B) the need for execution clear.
C) a case for humane execution.
D) execution less appropriate as a punishment.
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47
Interestingly, research shows that, when mock jurors understand the instructions, there is no difference in the rate of death penalty recommendations based on race or ethnicity. However, when jurors do not fully comprehend the instructions, there is a clear bias against:
A) black defendants.
B) white defendants.
C) Latino defendants.
D) Muslim defendants.
A) black defendants.
B) white defendants.
C) Latino defendants.
D) Muslim defendants.
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48
Research shows that jurors find instructions given to them by the courts in capital murder trials difficult to understand and often confusing. As a result, their decisions are often influenced by:
A) what the judge wants to hear.
B) prejudice and racial bias.
C) the defense attorney's view.
D) the climate in the courtroom.
A) what the judge wants to hear.
B) prejudice and racial bias.
C) the defense attorney's view.
D) the climate in the courtroom.
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49
During the process of death qualification, if a potential juror _____, he or she is excluded from serving on a capital jury.
A) is unwilling to consider execution as a punishment
B) had previously been a victim of a violent crime
C) had witnessed a violent death before
D) has any close relatives who died of unnatural causes
A) is unwilling to consider execution as a punishment
B) had previously been a victim of a violent crime
C) had witnessed a violent death before
D) has any close relatives who died of unnatural causes
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50
All of the following are examples of mitigating factors, EXCEPT:
A) Mental state of the defendant was affected by a new antidepressant medication that sometimes leads to unprovoked aggression.
B) The defendant was hired by the victim to be a getaway driver after the bank robbery that led to a fatal police chase.
C) The defendant had illegally acquired a gun that was later used in the homicide and loaned it to various other people.
D) The victim was a step-father who sexually abused the defendant for many years, and on the day of the murder the defendant discovered that the step-father started molesting the defendant's younger sister.
A) Mental state of the defendant was affected by a new antidepressant medication that sometimes leads to unprovoked aggression.
B) The defendant was hired by the victim to be a getaway driver after the bank robbery that led to a fatal police chase.
C) The defendant had illegally acquired a gun that was later used in the homicide and loaned it to various other people.
D) The victim was a step-father who sexually abused the defendant for many years, and on the day of the murder the defendant discovered that the step-father started molesting the defendant's younger sister.
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51
Compared to jurors who are screened out by the death qualification process, death-qualified jurors possess all of the following characteristics, EXCEPT:
A) they are more likely to convict.
B) they are more receptive to aggravating factors.
C) they are less receptive to mitigating factors.
D) they are more biased against the victim.
A) they are more likely to convict.
B) they are more receptive to aggravating factors.
C) they are less receptive to mitigating factors.
D) they are more biased against the victim.
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52
In Roper v. Simmons (2005), the Supreme Court abolished the death penalty for _____ because psychological research shows that their key psychological capacities are _____.
A) juveniles; not yet fully developed
B) juveniles; affected by childhood abuse
C) rapists; underdeveloped
D) rapists; affected by childhood abuse
A) juveniles; not yet fully developed
B) juveniles; affected by childhood abuse
C) rapists; underdeveloped
D) rapists; affected by childhood abuse
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53
The death qualification process means that potential jurors are asked about their willingness to consider execution if the defendant is found guilty. According to the text, this process is often:
A) just a mere formality.
B) consensus-building.
C) biasing in favor of the defendant.
D) biasing against the defendant.
A) just a mere formality.
B) consensus-building.
C) biasing in favor of the defendant.
D) biasing against the defendant.
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54
Studies find that the race of the victim is more important than the race of the defendant when it comes to sentencing. Research shows that if the victim is _____, prosecutors are _____ likely to seek the death penalty.
A) white; half as
B) white; five times more
C) black; twice as
D) black; five times more
A) white; half as
B) white; five times more
C) black; twice as
D) black; five times more
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55
Even after blacks and whites became equal under the law, discrimination persisted. For most of the twentieth century, racial discrimination in the application of the death penalty was especially evident in cases involving:
A) treason.
B) assault.
C) drug dealing.
D) rape.
A) treason.
B) assault.
C) drug dealing.
D) rape.
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56
In Kennedy v. Louisiana (2008), the Supreme Court ruled that the death penalty should not be applied to rapists, even to child rapists, unless:
A) the child was under the age of 3.
B) the rape was an incest.
C) the victim died.
D) the child was seriously injured.
A) the child was under the age of 3.
B) the rape was an incest.
C) the victim died.
D) the child was seriously injured.
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57
The process of death qualification excludes about a quarter to a third of potential jurors from serving on capital juries. The excluded jurors are more likely to possess the following characteristics, EXCEPT:
A) female gender.
B) African American race.
C) tendency to value law and order.
D) liberal political persuasion.
A) female gender.
B) African American race.
C) tendency to value law and order.
D) liberal political persuasion.
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58
The purpose of the death penalty is seen as deterrence. However, many studies in the United States, as well as in other countries, have found _____ evidence to support the idea that capital punishment deters murderers. Moreover, there is research showing that the frequency of murders _____ after executions, especially after highly publicized executions.
A) no clear; increases
B) no clear; decreases
C) a great deal of; increases
D) a great deal of; decreases
A) no clear; increases
B) no clear; decreases
C) a great deal of; increases
D) a great deal of; decreases
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59
Blacks who kill whites are _____ likely to receive the death sentence compared with whites who kill blacks. Black death row inmates convicted of killing white victims also have the _____ probability of being executed rather than dying of natural causes.
A) 6 times more; highest
B) 6 times more; lowest
C) half as; highest
D) half as; lowest
A) 6 times more; highest
B) 6 times more; lowest
C) half as; highest
D) half as; lowest
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60
Regarding racial discrimination in capital sentencing, Ellsworth and Mauro (1998) stated that "a person denied housing or employment has _____ protection from racial discrimination than a person whose life is at stake."
A) less
B) no less
C) more
D) no more
A) less
B) no less
C) more
D) no more
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61
Research on possible errors in death penalty cases has examined every capital case in the United States over a 22-year period (Liebman et al., 2000). It was found that 68% of death sentences were reversed because of serious errors at trial. All of the following were found to be the sources of these errors, EXCEPT:
A) incompetent defense lawyers.
B) misleading jury instructions.
C) incompetent judges or juries.
D) misconduct of prosecutors.
A) incompetent defense lawyers.
B) misleading jury instructions.
C) incompetent judges or juries.
D) misconduct of prosecutors.
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62
What are Americans' views on the death penalty? Why is it important to consider public opinion on this issue?
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63
Is the death penalty an effective deterrent to murder? What are some methods of answering this question?
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64
Interestingly, there appears to be a tendency for an increase in murders for a short while following an execution. One possible explanation is that executions may desensitize people to killing. This phenomenon is referred to as the _____ effect.
A) copycat
B) replication
C) simulation
D) brutalization
A) copycat
B) replication
C) simulation
D) brutalization
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65
Discuss racial disparities with regard to the death penalty.
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