Karteikarten
DeathPenaltyFinal
Karten in diesem Stapel (65)
- 1Where does the right to a jury come from?The 6th Amendment
- 2How are juries selected?The Process of Voir Dire:
1. start with eligible individuals
2. randomly select a panel of potential jurors
3. Prosecution/Defense/Judge questions the pool and make challenges if needed
4) What is left after step 3 is the jury - 3What is a challenge?the removal of a potential juror from the jury pool
- 4challenge for causethe removal of a potential juror for a forceful reason to believe they cannot be fair, unbiased or capable of serving. (ex: medial or religious reasons). This challenge is unlimited in number
- 5peremptory challengethe removal of a potential juror without the cause needing to be stated. These are limited in number. Cannot be used to strike jurors on the basis of race or gender.
- 6Death Qualified Juror1) must be able to abide by the rules that governs jurors in capital cases
2) Must be willing to consider ALL sentencing options
3) If their opinions would prevent them from considering all sentencing options, they are not death qualified - 7Witherspoon vs IL (1968)a jury composed after the dismissal of all those who oppose the death penalty in unconstitutional.
A juror can be dismissed if they will not under any circumstances impose DP, but not simply for disagreeing with it. - 8Adams vs TX ( 1980)Jurors cannot be made to swear an oath that a mandatory DP would not interfere with the facts of the case. Isolated people who opposed DP & removed impartiality of the jury.
- 9Wainwright vs Witt (1985)the proper standard for determining whether or not a jurors views are eligible to eliminate them from serving is on the basis of whether or not it would impeded them from their duties, not unmistakable clarity.
- 10Lockhart vs McCree (1986)excluding people who are unwilling to impose the DP under any circumstances is not a violation of the defendant's 6th & 14th bc it is the duty of the state to put people on the jury who can remain impartial.
- 11Research on DQJpeople on death juries, favor the prosecution and are far more critical of the defense.
- 12Where does the right to an attorney come from?The 6th Amendment
- 13Gideon vs Wainwright (1968):anyone who cannot afford an attorney will have one appointed to them
- 14Powell vs AL (1932)established the right to an attorney for capital cases
- 15Barriers to Effective Counsel1) Large Caseloads=less thorough investigation
2) insufficient funding: funding is pulled from the property taxes, so if it is a lower income area the money is less
3) Attorney Compensation: less quality counsel as result of low pay - 16Examples of ineffective counselasleep in court; not showing up to court; failing to check alibis; not checking forensic evidence
- 17Strickland vs Washington (1984)1) defendant must demonstrate that counsels' performance was deficient
2) defendant must show that errors made by the counsel were prejudicial and changed the outcome of the case - 18Biggest Advantage of the ProsecutionDiscretion! They decide:
- whether to charge someone w/ a crime
- what crime to charge them w/
-whether or not the seek DP
-whether or not to enter a plea deal - 19Federal DP protocols 19951) Submit all capital cases to US attorney general for review
2) Committee will review the case to determine if based on the facts of the case, DP should be pursued
3) Based on committee recc, the US attorney general makes final decision on whether or not to seek DP
* plea deals are still permissible & federal attorneys still make determination of charges - 20Revised 2001 Protocols Full Dress ReviewFDR:
1) US attorney builds case backing their choice to pursue DP
2) Defense Counsel also makes a case as to why their client shouldn't get DP
3) Review Committee makes their recommendation
4) Attorney General makes final decision
* plea deals are not permitted under FDR - 21Constraints of state attorneys vs US attorneysState attorneys have essentially limitless discretion whereas US attorney are overseen by the Attorney General and therefore have limits to their own discretion.
- 22Prosecutorial Misconductwithholding of exculpatory evidence, destroying evidence, pressuring defense witnesses to not speak, lie or change their statements, hiring fraudulent forensic experts, bringing forth witnesses shouldn't be permissed.
- 23Woodson vs NC (1976)Mandatory imposition of the DP is unconstitutional
- 24Aggravating Factorsaspects of the crime that make it particularly heinous, codified in federal code.
- 25Examples of Aggravating Factorsvulnerability of victims, substantial planning/premeditation, heinous/depraved/cruel manner of offense or procurement of offense by payment or pecuniary gain
- 26Mitigating Factorsfactors which reduce an offender's moral culpability. Laid out by statute.
- 27Examples of Mitigating Factorsimpaired capacity, duress, minor participation, disturbance of mental state, victim's consent, etc.
- 28Lockett vs Ohio (1978)you cannot limit the type or # of mitigating factors presented when capital punishment is in question. If it is relevant it is allowed to be presented
- 29Guided Discretionprovides a framework for sentencing established by statutes
- 30Individualized Sentencingevery person gets their own consideration for sentencing in their own particular case. Allows for a lot of variation in sentencing.
- 31Mandatory Sentencing Schemes1) statutes containing factors that are vague and overly broad
2) many statutes permit arbitrary factors to make it more likely that DP will be imposed
3) Most DP statutes include such a broad range of circumstances that nearly every 1st degree murder case will be covered - 32Victim Impact Statementscan:
-identify the offender, 2) show financial loss suffered by victims, 3) demonstrate injuries suffered, 4) describe changes to their personal welfare & relationships, 5) identify requests for psychological services, 6) contain other info related to the impact - 33Booth vs Maryland (1987)banned victim impact statements from being used as testimony due to the fact that they result in verdicts based on emotion rather than rationality
- 34SC vs Gathers (1989)allowed for victim impact statements so long as they related to the circumstances of the crime
- 35Payne vs TN (1991)overturned Booth & Gathers. Prosecution should be able to present emotional mitigating circumstances just like the defense can.
- 36Elected Executionswavering all rights to appeals & volunteering for execution
- 37Gary Gilmorefirst person to opt for an elected execution post Gregg. his execution was postponed several times due to appeals from his mother and the ACLU. Once he was deemed competent in his decision, he was executed via firing squad.
- 38Why volunteer for execution?1) conditions on death row, 2) offender may perceive it as dying with grace/dignity, 3) offender may wish to spare their family & victim's family any prolonged suffering, 4) offender may wish to leave on their own terms
- 39Challenges for the State- state's goal is always to perserve life and prevent suicide
-there is always a mandatory process required
- state must ensure that only death-deserving people are put to death. - 40Competency to Volunteermust be decide by the defendant
- knowingly
- competently
-voluntarily - 41Challenges for the Defense-moral & ethical dilemmas in representing an offender who wants to waive their rights
-having to abide by the client's wishes
-if the client is mentally incompetent, they have an obligation to not abide by their clients wishes - 42Paternalismthe attorney is responsible for guiding the defendant to what they believe is in their client's best interests, which means they may override their clients wishes.
- 43Autonomy Modelclient has greater decision making power. Often causes conflict between attorneys personal beliefs and their clients wishes.
- 445 keys reasons why DP public opinion is important1) Swaying Legislators: approving or denying DP related legislation.
2) Influence prosecutors to not agree to a plea
3) Pressures to judges to sentence uphold/sentences
4) Dissuade governors from vetoing legislation or commuting sentences
5) Act as "evolving standards of decency" measure for SCOTUS - 45History Effectssomething beyond a person's control influences their responses & opinions
-ex: fear of crime skyrocketed after 9/11 - 46Caution surrounding Public Opinion1) Small Sample size
2) questions varying by opinion poll so they may not be comparable to one another
3) asking blanketly about administering or abolishing DP is problematic bc it assumes all murders are the same
4) if you only ask about death/execution without providing an alternative such as LWOP, that can influence results - 47Global Perspectives about DPgenerally, execution numbers globally have declined in recent years & there is movement toward abolition
- 48Treaties pertaining to Human Rights and DP1) European Convention of Human Rights (1950)
2) International Covenant on Civil & Political Rights (1966)
3) The Covenant Against Torture & other cruel, inhumane, degrading treatment or punishment (1987)
4) American Convention on Human Rights to Abolish the Death Penalty (1990) - 49Two Competing Models of CJDue Process: relies on the presumption of innocence until proven guilty
Crime Control: focus is on community safety & prevention of victimization - 50Key Components of the Due Process Model-possibility of error
-prevention of mistakes is more important than efficiency
-protection of process is as important as protection of innocence
-the cohesive power of the state is always subject to abuse
-every due process protection is vital & must be adhered to - 51Key Components of Crime Control Model-reducing crime is the most important
-failure of LEO means breakdown of order
-Criminal process guarantees social freedom
-efficiency is the top priority
-presumption of guilt once suspect is in the system - 52How long on average do exonerees spend incarcerated before they are released?8.9 Years
- 53What are the BIG SIX of exonerations?1) Eyewitness Misidentification
2) False Confessions
3) Informant/Snitch testimony
4) Bad Science
5) Ineffective Defense Counsel
6) Government Misconduct - 54What are the procedural safeguards to protect against wrongful convictions due to eyewitness misidentification?-lineups should include people who both are & are not the suspect. This should be verbalized to the witness
- double blind lineups
-witness should be asked their degree of certainty with whom they've selected.
-Suspect can have their attorney present. - 55What are the 3 types of False Confessions?Voluntary, Compliant and Internalized
- 56voluntary confessionprovided by people without the prompting of police (can be result of mental unwellness, attention-seeking or covering for a loved one)
- 57Compliant Confessionprompted by police in high stress situations
- 58Internalized confessionoccur when an individual admits to a crime they did not commit but they have become convinced they actually did it.
- 59Issues with Confession Evidence1) Police are unable to differentiate liars from truth-tellers (but they think they can)
2) Some interrogation practices put innocent people at risk of confessing
3) Judges & Juries trust confessions, even when there is clear evidence of coercion - 60Brady vs Maryland (1963)the prosecution is legally & constitutionally required to turn over all evidence that might exonerate the defendant over to the defense.
- 61Issues with Lethal Injection-untrained people performing medical practices and procedures
-improper dosages
-can be very difficult to properly place IV
-3 drug protocol is not based on science or research - 62Apprendi vs NJ (2000)Holding: any fact which determines the statutory maximum penalty for an offense must be charges in the indictment, submitted and proved BARD
- 63Ring vs AZ (2002)Holding: When there is a potential increase in the maximum punishment, defendants (both capital & non-capital) are entitled to a jury determination of any fact that contributes to that increase
- 64Evans vs Secretary of FL Department of Corrections (2012)Holding: FL DP procedures give judges almost unchallenged discretion & the greatest potential for bias in the decision-making.
- 65Alleyne vs US (2013)Holding: if an element of a crime increased the mandator minimum punishment, it must be submitted to the jury & found BARD. A defendant cannot be found guilty of a crime not included in the indictment. A judge cannot enhance the defendant's sentence about the statutory maximum, nor can they raise the ceiling.
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- Karteikarten am DeathPenaltyFinal, erstellt von Avery Slocum am 04/05/2023.
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