Question 1

At each appeal stage, what constitutes serious or prejudicial error becomes more restrictive mostly due to the requirement that error be properly preserved.

Accepted Answer

This is because as the case progresses through the appeals process, the standard for what constitutes a serious or prejudicial error becomes stricter as the court assumes that the parties and their attorneys have had multiple opportunities to identify and correct any errors made by the lower court. Additionally, appellate courts will only consider errors that were properly preserved in the original trial, meaning that if a party fails to raise an objection or make a timely motion during the trial, they may lose the right to raise that issue on appeal.

Question 2

Several capital defendants have been executed despite obvious prejudicial errors because of their lawyers' failure to properly preserve their objections.

Accepted Answer

This statement is true. There have been instances where capital defendants have been executed despite prejudicial errors because their lawyers failed to preserve objections properly. This highlights the importance of competent legal representation for defendants in capital cases.

Question 3

Today, most error discovered by state appellate courts in capital cases is considered serious or prejudicial and results in reversals.

Accepted Answer

Most errors found by state appellate courts in capital cases are deemed harmless, meaning they are not considered serious or prejudicial enough to affect the outcome, and thus do not typically result in reversals.

Question 4

Given the restrictive requirements of serious or prejudicial error, the percentage of death sentences reversed on those grounds is small (less than 20 percent).

Accepted Answer

The answer of Given the restrictive requirements of serious or...

Question 5

Decades of research show that eyewitnesses are just not very good at identifying criminal offenders especially when the eyewitnesses are under stress or are attempting to identify offenders of a different race.

Accepted Answer

Decades of research have consistently shown that eyewitnesses are notoriously unreliable, especially under stressful or high-pressure situations, and when attempting to identify offenders of a different race. This is due to various factors such as memory distortion, suggestibility, and biases which can lead to incorrect identifications and wrongful convictions.

Question 6

Oftentimes the witnesses who are most certain of their identification are the least likely to be correct.

Accepted Answer

Research has shown that confidence and accuracy of eyewitness identification are not strongly correlated. Witnesses may feel confident in their identification even if it is incorrect, and factors such as stress, memory decay, and misleading information can all impact their ability to accurately identify a suspect.

Question 7

Prosecutors are the most powerful people in the capital punishment process.

Accepted Answer

Prosecutors have the power to decide whether to pursue the death penalty, which crimes warrant its use, and how aggressively to seek it. They also play a major role in the selection of juries and the presentation of evidence at trial. Additionally, they have a significant amount of discretion in negotiating plea bargains and determining sentencing recommendations. Overall, prosecutors hold a significant amount of power and influence in the capital punishment process.

Question 8

A "Brady violation" refers to a prosecutor's subordination of perjury.

Accepted Answer

A "Brady violation" refers to a failure by the prosecutor to disclose exculpatory evidence to the defense, as established in the U.S. Supreme Court case Brady v. Maryland (1963).

Question 9

A sign seen in the Dallas County, Texas prosecutor's office reads: "Convicting the guilty is easy. It's the innocent that keep us working late."

Accepted Answer

This sign was reported to have been posted in the Dallas County prosecutor's office, as noted in various news articles and online forums.

Question 10

Despite relatively easy access to the technology, many local prosecutors refuse to release crime evidence for DNA analysis unless litigation is threatened or filed.

Accepted Answer

Many local prosecutors are reluctant to release crime evidence for DNA analysis unless litigation is threatened or filed, despite the technology being easily accessible.

Question 11

Prosecutors have a legal obligation to release crime evidence for DNA analysis once a trial has been concluded so that a convicted defendant can prove his or her innocence.

Accepted Answer

Prosecutors are not automatically obligated to release crime evidence for DNA analysis after a trial has concluded. The availability of post-conviction DNA testing is governed by specific laws and varies by jurisdiction, and in many cases, a convicted defendant must meet certain criteria or obtain a court order to access such evidence.

Question 12

Current laws protect prosecutors from civil suits even when they knowingly allow perjured testimony or deliberately conceal evidence of innocence.

Accepted Answer

Prosecutors are entitled to absolute immunity, which means they cannot be held liable for their actions in prosecuting a case, even if those actions are deemed unethical or illegal. However, this immunity does not extend to instances of misconduct such as withholding evidence or using perjured testimony. In these cases, the prosecutor may face discipline from the state bar or criminal charges.

Question 13

Evidence indicates that the system assigns the defense of most capital cases to the least experienced, resourceful, and independent members of the legal profession.

Accepted Answer

Studies have shown that in most cases, court-appointed lawyers have limited experience in capital litigation and tend to have insufficient resources to mount a successful defense, leading to a disproportionate number of death sentences being handed down to defendants who cannot afford competent legal representation.

Question 14

A Texas study by the Governor's judicial council found that three-quarters of murderers with court-appointed attorneys were sentenced to death, while only about a third of those represented by private lawyers were so sentenced.

Accepted Answer

The statement accurately reflects the findings of the Texas study by the Governor's judicial council.

Question 15

An attorney who slept through a capital trial would be considered "ineffective."

Accepted Answer

The answer of An attorney who slept through a capital...

Question 16

All death penalty states have adopted minimum guidelines or standards or created an agency to promulgate standards for the appointment of counsel at either the trial or appellate level or both in capital cases.

Accepted Answer

Not all death penalty states have adopted such guidelines or standards for appointing counsel in capital cases. The implementation of these measures varies by state.

Question 17

It is not unusual for attorneys in capital cases to be compensated at less than minimum wage, and states are increasingly appointing attorneys in capital cases who submit the lowest bids.

Accepted Answer

It is true that attorneys in capital cases are often compensated at less than minimum wage and some states are appointing attorneys who submit the lowest bids.

Question 18

As late as 2004, Florida had a $3,500 cap on the payment for defense services in capital cases, meaning that state-funded lawyers in Florida capital cases would be paid an estimated $3.00 an hour.

Accepted Answer

This is true according to multiple sources, including the American Bar Association. Florida has since increased the cap on payments for defense services in capital cases.

Question 19

Many judges will appoint any lawyer licensed to practice law to represent a capital defendant, even if the lawyer's practice is limited mostly to real estate or divorce law.

Accepted Answer

This is known as the "meet and greet" system, in which judges appoint lawyers without considering their qualifications or experience in capital cases. This system has been criticized for providing inadequate representation for defendants facing the death penalty.

Question 20

Capital jurisprudence is a highly specialized area of the criminal law, and most attorneys have not received instruction in it.

Accepted Answer

Capital jurisprudence involves the law and procedures surrounding the death penalty, and is not commonly taught in law school or covered in general criminal law courses. Therefore, it is a highly specialized area that most attorneys may not have deep knowledge in.

Quiz 9: Miscarriages of Justice and the Death Penalty