Question 1

What adjectives are used for evoking challenges of being excessively cruel and unusual?

Accepted Answer

All of the above adjectives can evoke the challenges of being excessively cruel and unusual. "Arbitrary" and "capricious" suggest actions taken without reasonable justification, often leading to unfair or harsh outcomes. "Wanton" directly relates to being excessively cruel, unjustifiably violent, or showing no regard for others.

Question 2

The Court has upheld which of the following as permissible methods of execution in the United States?

Accepted Answer

The U.S. Supreme Court has upheld various methods of execution, including electrocution, hanging, and shooting, as constitutional under the Eighth Amendment, which prohibits cruel and unusual punishment.

Question 3

Given the growing wave of challenges to lethal injection, several states began to change their
Protocols over the past several years from the historically predominant___________ protocol to a ____________ protocol.

Accepted Answer

D

Question 4

As a result of the International Court of Justice's finding that the United States had violated the Vienna Convention, in 2008 the U.S. Supreme Court decided the case of:

Accepted Answer

The U.S. Supreme Court decided the case of Medellin v. Texas in 2008, which involved the question of whether the United States had to comply with a decision of the International Court of Justice that found the U.S. in violation of the Vienna Convention by not allowing foreign nationals to contact their consulate upon arrest. The Supreme Court ruled that the ICJ's decision was not directly enforceable as domestic law in the absence of implementing legislation from Congress.

Question 5

In Weems v. United States, the Supreme Court suggested that what constitutes _____________ evolves as public opinion becomes enlightened by a humane justice.

Accepted Answer

In Weems v. United States, the Supreme Court suggested that what constitutes cruel and unusual punishment evolves as public opinion becomes enlightened by a humane justice, indicating that the interpretation of the Eighth Amendment can change over time.

Question 6

The Supreme Court ruled that the death penalty was disproportionate and thus violated the Eighth Amendment's prohibition of cruel and unusual punishment for the crimes of:

Accepted Answer

The Supreme Court ruled that the death penalty was disproportionate for the crimes of rape and kidnapping, thus violating the Eighth Amendment's prohibition of cruel and unusual punishment, as seen in cases like Coker v. Georgia (1977) for rape and Kennedy v. Louisiana (2008) for child rape.

Question 7

What case in 1996 held that lethal gas was an unconstitutional method of execution?

Accepted Answer

Fierro v. Gomez (1996) held that the use of lethal gas as a method of execution was unconstitutional because it was cruel and unusual punishment, violating the Eighth Amendment.

Question 8

What are the two primary factors in the contemporary assessment of "evolving standards of decency"?

Accepted Answer

The "evolving standards of decency" often refer to how societal norms and values change over time, particularly in the context of law and human rights. Public opinion and international law are both significant factors in assessing these changing standards, as they reflect shifts in what is considered acceptable or humane treatment within societies and the global community.

Question 9

Which cases' decision comprised seven different opinions, and brought the three-drug lethal injection under question?

Accepted Answer

Baze v. Rees is the case that comprised seven different opinions and brought the three-drug lethal injection under question, as it directly dealt with the constitutionality of lethal injection protocols.

Question 10

In spite of the role of public opinion in Eighth Amendment jurisprudence, the Supreme Court has typically rejected public opinion polls as the actual benchmarks for a national consensus on the death penalty.

Accepted Answer

The Supreme Court has often emphasized that while public opinion can inform their understanding of evolving standards of decency, it does not rely on public opinion polls as the sole benchmarks for determining a national consensus on issues like the death penalty. Instead, the Court looks at a combination of factors, including legislative actions and the practices of states.

Question 11

Recent data reveal that when given the alternative of LWOP, support for the death penalty drops below 50%.

Accepted Answer

Recent surveys and studies have shown that when people are presented with the option of life without parole (LWOP) as an alternative to the death penalty, support for capital punishment decreases, often falling below 50%. This suggests that some of the support for the death penalty is contingent upon the perceived lack of harsh enough alternatives.

Question 12

According to the text, although the Supreme Court has consistently declared lethal injection constitutionally permissible, challenges abound, and the future of lethal injection (and perhaps the death penalty) is tenuous.

Accepted Answer

The Supreme Court has indeed upheld the constitutionality of lethal injection in several cases, but ongoing legal challenges and public debate over its efficacy and humanity continue to create uncertainty about its future and, by extension, the broader future of the death penalty in the United States.

Question 13

In Miranda v, Arizona, lethal injection was challenged on the grounds that Arizona's current lethal injection drug, obtained from a foreign source, was not FDA approved and would likely cause unnecessary pain and suffering.

Accepted Answer

Miranda v. Arizona was a landmark Supreme Court case that established the requirement for police to inform arrested individuals of their rights, including the right to remain silent and the right to an attorney. It did not involve a challenge to lethal injection or FDA approval of drugs.

Question 14

Although refraining from a determination of whether particular methods might violate the Eighth Amendment, the Court did state that such punishments as "burning at the stake, crucifixion, breaking on the wheel, or the like" are cruel and unusual.

Accepted Answer

The U.S. Supreme Court has indeed indicated that certain historical methods of execution, such as burning at the stake, crucifixion, and breaking on the wheel, would constitute cruel and unusual punishments under the Eighth Amendment, although it has often refrained from making broad determinations about the constitutionality of specific execution methods without a case context.

Question 15

Some early death penalty cases challenged firing squads, electrocution, and hanging as violating the Eighth Amendment's ban on cruel and unusual punishment.

Accepted Answer

The Eighth Amendment's prohibition on cruel and unusual punishment has been the basis for challenges to various methods of execution, including firing squads, electrocution, and hanging, in the United States.

Question 16

Questions pertaining to the appropriate role of medical professionals (in one sense being necessary to avoid faulty application; in another sense being controversial, given the ethical standards of the medical professions) have recently been raised.

Accepted Answer

The role of medical professionals often involves navigating complex ethical standards and ensuring the correct application of medical practices, which can lead to controversies and debates about their appropriate role in certain situations.

Question 17

In Louisiana ex rel. Francis v. Resweber (1947), after the first attempt at electrocution did not kill the condemned Francis, his execution was postponed to a later date. The Supreme Court declared that this was a violation of the Eighth Amendment.

Accepted Answer

The Supreme Court held that the second attempt at electrocution did not violate the Eighth Amendment's prohibition against cruel and unusual punishment.

Question 18

According to the text, although some states today have statutes allowing the death penalty for crimes other than murder, no executions have been carried out for such crimes since the death penalty was reinstated.

Accepted Answer

Since the reinstatement of the death penalty in the United States, executions have been carried out exclusively for murder-related crimes, despite some states having statutes that allow for the death penalty for other types of crimes.

Question 19

The 30-year precedent that the death penalty be reserved only for murder has never been challenged.

Accepted Answer

The U.S. Supreme Court has considered cases challenging the application of the death penalty for crimes other than murder, such as in cases involving rape of an adult or child, indicating that the precedent has been challenged.

Quiz 11: Evolving Standards of Decency and the Eighth Amendments Ban on Cruel and Unusual Punishment

What adjectives are used for evoking challenges of being excessively cruel and unusual?

The Court has upheld which of the following as permissible methods of execution in the United States?

Given the growing wave of challenges to lethal injection, several states began to change their Protocols over the past several years from the historically predominant_ protocol to a __ protocol.

As a result of the International Court of Justice's finding that the United States had violated the Vienna Convention, in 2008 the U.S. Supreme Court decided the case of:

In Weems v. United States, the Supreme Court suggested that what constitutes _____________ evolves as public opinion becomes enlightened by a humane justice.

The Supreme Court ruled that the death penalty was disproportionate and thus violated the Eighth Amendment's prohibition of cruel and unusual punishment for the crimes of:

What case in 1996 held that lethal gas was an unconstitutional method of execution?

What are the two primary factors in the contemporary assessment of "evolving standards of decency"?

Which cases' decision comprised seven different opinions, and brought the three-drug lethal injection under question?

In spite of the role of public opinion in Eighth Amendment jurisprudence, the Supreme Court has typically rejected public opinion polls as the actual benchmarks for a national consensus on the death penalty.

Recent data reveal that when given the alternative of LWOP, support for the death penalty drops below 50%.

According to the text, although the Supreme Court has consistently declared lethal injection constitutionally permissible, challenges abound, and the future of lethal injection (and perhaps the death penalty) is tenuous.

In Miranda v, Arizona, lethal injection was challenged on the grounds that Arizona's current lethal injection drug, obtained from a foreign source, was not FDA approved and would likely cause unnecessary pain and suffering.

Although refraining from a determination of whether particular methods might violate the Eighth Amendment, the Court did state that such punishments as "burning at the stake, crucifixion, breaking on the wheel, or the like" are cruel and unusual.

Some early death penalty cases challenged firing squads, electrocution, and hanging as violating the Eighth Amendment's ban on cruel and unusual punishment.

Questions pertaining to the appropriate role of medical professionals (in one sense being necessary to avoid faulty application; in another sense being controversial, given the ethical standards of the medical professions) have recently been raised.

In Louisiana ex rel. Francis v. Resweber (1947), after the first attempt at electrocution did not kill the condemned Francis, his execution was postponed to a later date. The Supreme Court declared that this was a violation of the Eighth Amendment.

According to the text, although some states today have statutes allowing the death penalty for crimes other than murder, no executions have been carried out for such crimes since the death penalty was reinstated.

The 30-year precedent that the death penalty be reserved only for murder has never been challenged.

Quiz 11: Evolving Standards of Decency and the Eighth Amendments Ban on Cruel and Unusual Punishment

What adjectives are used for evoking challenges of being excessively cruel and unusual?

The Court has upheld which of the following as permissible methods of execution in the United States?

Given the growing wave of challenges to lethal injection, several states began to change their Protocols over the past several years from the historically predominant___________ protocol to a ____________ protocol.

As a result of the International Court of Justice's finding that the United States had violated the Vienna Convention, in 2008 the U.S. Supreme Court decided the case of:

In Weems v. United States, the Supreme Court suggested that what constitutes _____________ evolves as public opinion becomes enlightened by a humane justice.

The Supreme Court ruled that the death penalty was disproportionate and thus violated the Eighth Amendment's prohibition of cruel and unusual punishment for the crimes of:

What case in 1996 held that lethal gas was an unconstitutional method of execution?

What are the two primary factors in the contemporary assessment of "evolving standards of decency"?

Which cases' decision comprised seven different opinions, and brought the three-drug lethal injection under question?

In spite of the role of public opinion in Eighth Amendment jurisprudence, the Supreme Court has typically rejected public opinion polls as the actual benchmarks for a national consensus on the death penalty.

Recent data reveal that when given the alternative of LWOP, support for the death penalty drops below 50%.

According to the text, although the Supreme Court has consistently declared lethal injection constitutionally permissible, challenges abound, and the future of lethal injection (and perhaps the death penalty) is tenuous.

In Miranda v, Arizona, lethal injection was challenged on the grounds that Arizona's current lethal injection drug, obtained from a foreign source, was not FDA approved and would likely cause unnecessary pain and suffering.

Although refraining from a determination of whether particular methods might violate the Eighth Amendment, the Court did state that such punishments as "burning at the stake, crucifixion, breaking on the wheel, or the like" are cruel and unusual.

Some early death penalty cases challenged firing squads, electrocution, and hanging as violating the Eighth Amendment's ban on cruel and unusual punishment.

Questions pertaining to the appropriate role of medical professionals (in one sense being necessary to avoid faulty application; in another sense being controversial, given the ethical standards of the medical professions) have recently been raised.

In Louisiana ex rel. Francis v. Resweber (1947), after the first attempt at electrocution did not kill the condemned Francis, his execution was postponed to a later date. The Supreme Court declared that this was a violation of the Eighth Amendment.

According to the text, although some states today have statutes allowing the death penalty for crimes other than murder, no executions have been carried out for such crimes since the death penalty was reinstated.

The 30-year precedent that the death penalty be reserved only for murder has never been challenged.

Given the growing wave of challenges to lethal injection, several states began to change their Protocols over the past several years from the historically predominant_ protocol to a __ protocol.