Question 1

Which of the following is NOT an aggravating factor?

Accepted Answer

Extreme emotion is considered a mitigating, not aggravating factor in criminal sentencing. It implies that the individual did not act with premeditation or intent, but rather in the heat of passion or under duress.

Question 2

Is there racial bias in the application of the death sentence? Other biases?

Accepted Answer

The answer of Is there racial bias in the application...

Question 3

A capital case is one

Accepted Answer

A capital case is a legal term for a criminal case in which the death penalty may be imposed. The term "capital" comes from the Latin word "capitalis," which means "of the head" or "of the life." The death penalty is the ultimate punishment for a capital offense. Choice A may be true for some capital cases, but it is not a defining characteristic. Choice B is incorrect, as capital assets refer to financial or business assets, not criminal cases. Choice D is incorrect, as the term "capital case" has nothing to do with the location of the crime.

Question 4

Which of the following is NOT a mitigating factor?

Accepted Answer

Age of the victim is not a mitigating factor, as it is a factor that may increase the severity of the crime instead. Mitigating factors refer to circumstances that may reduce the defendant's level of culpability or the severity of their punishment. Extreme emotion, domination by another, and youth of the defendant can all be considered mitigating factors.

Question 5

What would be the correct chronological of roles for a forensic psychologist in a potential death penalty case?

Accepted Answer

The correct chronological order for a forensic psychologist in a death penalty case typically starts with assessing the defendant's competency to stand trial. This is crucial to ensure that the defendant understands the charges against them and can participate in their defense. Next, a change of venue survey might be conducted to determine if pretrial publicity has potentially biased the jury pool, necessitating a move to another jurisdiction. Following this, the psychologist may be involved in jury selection (voir dire) to identify potential biases among jurors. Finally, a mitigation assessment is conducted to find factors that might influence the sentencing phase, should the defendant be found guilty.

Question 6

The two parts of as bifurcated trial are

Accepted Answer

In a bifurcated trial, the process is divided into two separate phases: the first phase is for determining the guilt or innocence of the defendant, and if found guilty, the second phase is for determining the sentencing. This is particularly common in capital cases where the penalty could be death, requiring a careful and distinct approach to each phase.

Question 7

What is perhaps the greatest source of erroneous convictions in death penalty cases?

Accepted Answer

Inadequate counsel for the defendant is perhaps the greatest source of erroneous convictions in death penalty cases. This is because defendants facing capital punishment are often poor and unable to afford competent legal representation, leading to inadequate defense and increased likelihood of wrongful conviction.

Question 8

A survey of mental health professionals regarding competency for execution evaluations found

Accepted Answer

Research and surveys have shown that mental health professionals who are willing to conduct competency for execution evaluations tend to have more favorable views towards the death penalty compared to those who are not willing to perform such evaluations. This suggests a correlation between a professional's willingness to participate in the legal process of execution and their support for capital punishment.

Question 9

In which country did 90% of executions take place in 2004?

Accepted Answer

According to Amnesty International's annual report in 2005, 90% of executions in 2004 took place in China.

Question 10

Which of the following reasons was not included in the

Accepted Answer

The answer of Which of the following reasons was not...

Question 11

In Panetti v.Quarterman (2007),the Supreme Court ruled that

Accepted Answer

The Supreme Court in Panetti v. Quarterman ruled that death row inmates could still litigate their competency after an execution date has been set, emphasizing the importance of ensuring that a person is competent to be executed.

Question 12

The case of Jesse DeWayne Jacobs in Texas is important because he was

Accepted Answer

Jesse DeWayne Jacobs was executed in Texas despite the prosecutor later admitting that the testimony used to convict him was wrong. This case highlights the irreversible consequences of the death penalty and the importance of ensuring the accuracy of convictions.

Question 13

Evidence that casts doubt on the guilt of the defendant is called

Accepted Answer

Exculpatory evidence is evidence that is favorable to the defendant and can cast doubt on their guilt. This type of evidence must be disclosed by the prosecution to the defense under Brady v. Maryland.

Question 14

The best guess as to what percentage of convictions are errors is

Accepted Answer

The answer of The best guess as to what percentage...

Question 15

The Supreme Court decision that reinstated the death penalty was

Accepted Answer

The Supreme Court decision that reinstated the death penalty was Gregg v. Georgia in 1976. This decision held that the death penalty was not unconstitutional per se, but that its sentencing and administration must meet certain guidelines to avoid being arbitrary and capricious. This decision effectively overturned the Court's earlier ruling in Furman v. Georgia (1972), which found that the death penalty as then administered violated the Eighth Amendment's prohibition on cruel and unusual punishment.

Question 16

If a prosecutor was to say about a defendant,"If you or I had those problems,we would still not choose to kill," they would be using a strategy based on

Accepted Answer

The prosecutor's statement is an example of the fundamental attribution error, which involves attributing someone's behavior to their personality or character rather than situational factors. The statement suggests that the defendant's decision to kill was a result of their inherent flaws, rather than any external circumstances that may have influenced them.

Question 17

What does the joint resolution on Mental Illness and the death penalty from the American Psychological Association,the American Bar Association,the American Psychiatric Association,and the National Alliance on Mental Illness say?

Accepted Answer

The answer of What does the joint resolution on Mental...

Question 18

Since the death penalty was reinstated in the United States in 1976,approximately how many people have been executed?

Accepted Answer

Since the death penalty was reinstated in 1976, a total of 1498 executions have taken place in the United States as of December 2020. Therefore, the closest option available would be D) 1100.

Question 19

In which state does the jury,after convicting a defendant of murder,make an assessment of whether the defendant is a continuing threat to society (and ifthey conclude that he or she is,give the defendant a death sentence)?

Accepted Answer

In Texas, the jury plays a significant role in the sentencing phase of a capital murder trial. After convicting a defendant of murder, the jury is tasked with assessing whether the defendant poses a continuing threat to society. If they conclude that the defendant is indeed a continuing threat, they have the option to sentence the defendant to death. This process is part of the state's capital punishment laws, which are designed to ensure that the death penalty is reserved for those deemed most deserving due to the nature of their crimes and their potential future danger to society.

Question 20

In how many cases in which the death penalty can be assigned,is it?

Accepted Answer

The death penalty can be assigned in about 20% of murder cases, reflecting the legal standards and criteria that must be met for such a sentence to be considered.

Quiz 14: Death Penalty Trials and Appeals