Death Penalty Exam #3

Front 1

According to a 2010 national opinion poll, what percent of respondents thought that the death penalty could deter crime?

Back 1

45%

Front 2

According to a 2008 national opinion poll, what percent of respondents chose deterrence as their most important reason for supporting the death penalty?

Back 2

9.7%

Front 3

What does research show about states with and without capital punishment and their homicide rates?

Back 3

Rates are the same

Front 4

Does research show that the deathpenalty has a marginal deterrent effect?

Back 4

No

Front 5

What did Professor Sellin find regarding the availability of capital punishment and the rate of police killings?

Back 5

No effect

Front 6

What does research show about the safety of prison staff members and inmates in prisons in death penalty states and prisons in abolition states?

Back 6

Threat of death penalty does not deter

Front 7

What do studies show about changes in murder rates before and after abolition and/or reinstatement of the death penalty?

Back 7

No effect

Front 8

What does research reveal about murder rates following a highly publicized execution?

Back 8

Some of the studies do reveal a short-termdeterrent effect, but in no case does the decrease in homicides last very long

Front 9

When was the death penalty first shown by sophisticated statistical methods to be a deterrent to murder, and who was the researcher?

Back 9

1975 by professor Isaac Ehrlich

Front 10

What did Economics Professor JoannaShepherd report in her testimony before Congress in 2003?

Back 10

She explained that there is a “strong consensusamong economists that capital punishment deters crime” and that “the studiesare unanimous”

Front 11

How many of the 95 deterrence studiesreviewed by Economics Professor Bijou Yang and Psychology Professor DavidLester found a deterrent effect of capital punishment?

Back 11

60

Front 12

How many of the 95 deterrence studiesreviewed by Economics Professor Bijou Yang and Psychology Professor DavidLester found a brutalization effect of capital punishment?

Back 12

35

Front 13

How many death row inmates since 1976have voluntarily given up their appeals because they preferred death to LWOP?

Back 13

More than 100

Front 14

What does Professor Zimring and hiscolleagues’ comparative study show about execution and homicide rates inSingapore and Hong Kong?

Back 14

Singapore's homicide rate was not affected bydecrease/increase of executions and absence of executions in Hong Kong didn'taffect homicide rate

Front 15

What did the American Society ofCriminology do about the death penalty in 1989, and why did it do it?

Back 15

Passed a resolution condemning capitalpunishment and called for its abolition because of no evidence of crimedeterrence through execution

Front 16

What did a recent survey of 67 currentand past presidents of the top three criminology professional organizations—theAmerican Society of Criminology, the Academy of Criminal Justice Sciences, andthe Law and Society Association—find about the death penalty and the deterrenceof homicide?

Back 16

About 80% of them believe that the death penaltyis no greater a deterrent to homicide than long imprisonment

Front 17

What do most police chiefs believe aboutthe death penalty and violent crime?

Back 17

They do notbelieve that the death penalty significantly reduces the number of homicides

Front 18

How many federal prison officials weremurdered during the 1980s when the federal death penalty was suspended?

Back 18

5

Front 19

According to police statistics reportedto the Federal Bureau of Investigation and execution records from the NationalBureau of Prisons, what percent of criminal homicides per year have resulted inexecutions since 1930?

Back 19

No more than 2%

Front 20

Approximately what percent of murders andnonnegligent manslaughters are currently believed to be capital crimes ordeath-eligible?

Back 20

Estimated between 10-25%

Front 21

What is used as evidence or anexplanation of the so-called brutalizing or counterdeterrent effect of thedeath penalty?

Back 21

Suicide-murder and executioner syndromes

Front 22

According to Professor Bowers, howmight executions stimulate homicides?

Back 22

That the death penalty has a “brutalizing”rather than deterrent effect - that executions can be expected to stimulaterather than inhibit homicides

Front 23

In a recent national opinion poll,approximately what percent of supporters of capital punishment choseincapacitation--" To keep the offender fromreoffending "--as the most important reason for their support?

Back 23

12.7%

Front 24

How many death row inmates have everescaped from prison?

Back 24

19 or more

Front 25

What did a recent study find aboutcapital murderers sentenced to LWOP compared to death-sentenced inmates orother murderers sentenced to terms of imprisonment regarding their threat toother prisoners and correctional staff?

Back 25

LWOP prisoners were no greater threat to otherprisoners or staff than death-sentenced inmates

Front 26

What do LWOP inmates have to “lose"if they kill or commit other infractions in prison?

Back 26

Visits, access to mail and telephone, buyingitems from the commissary, vocational and educational classes, and recreationalactivities

Front 27

What was unusual about Stanley “Tookie” Williams?

Back 27

What was unusual was that he was convicted onkilling 4 four people, and while waiting on death row, he was nominated for the2001 Noble Peace Prize for his children’s books and international peace effortand received the President Call to Service Award in 2005 and was executed laterthat year

Front 28

What type of offender is most likely tokill inside prisons?

Back 28

Inmates not sentenced to death

Front 29

According to a recent study oflife-sentenced Texas capital murder defendants, approximately what percent ofthem are likely to commit a repeat murder over a 40-year period?

Back 29

0.2%

Front 30

According to recent studies oflife-sentenced Texas, federal Bureau of Prisons, andFlorida capital murder defendants, what factor was the most influentialpredictor of prison violence?

Back 30

Age

Front 31

By2005, what percent of the 589 Furman-commuteddeath row inmates released from prison were returned to prison?

Back 31

34%

Front 32

By2005, how many of the 589 Furman-commuted death row inmates released fromprison likely killed again?

Back 32

Less than 2%

Front 33

According to the evidence, what percentof convicted capital offenders probably will not kill again?

Back 33

More than 98%

Front 34

Have any Furman-commuted death row inmates been returned to death row afterkilling again?

Back 34

Yes

Front 35

According to a recent national opinionpoll, approximately what percent of supporters of capital punishment selected"Saves taxpayers money” as the first or second most important reason fortheir support?

Back 35

10.6%

Front 36

In an analysis of nearly4,000 New York Times stories aboutcapital punishment published from 1960 through 2005, how many stories mentionedcost on either side of the debate?

Back 36

20

Front 37

According to a recent estimate, how muchdoes the death penalty cost California taxpayers annually, and what would itapproximately cost California taxpayers annually fora comparable system that sentenced inmates to LWOP instead of death?

Back 37

$137 million per year compared to $11.5 millionper year

Front 38

Accordingto the available evidence, what is the average cost per execution in the UnitedStates (that is, the entire process in 2000 dollars)?

Back 38

$2.5-$5 million

Front 39

Approximately how much didthe state of Florida reportedly spend to execute serial murderer Ted Bundy in1989?

Back 39

$10 million

Front 40

Approximately how much didthe federal government reportedly spend to execute mass murderer TimothyMcVeigh in 2001?

Back 40

$100 million

Front 41

Assuming an LWOP sentence is the resultof a successful plea bargain and an inmate sentenced to LWOP lives 31 years,what is the approximate cost of an LWOP sentence?

Back 41

$1 million

Front 42

Why will the costs of a death sentenceprobably always be more expensive than the costs of an LWOP sentence?

Back 42

Super due process is only required in capitalcases

Front 43

How much longer is the investigation ofpotentially capital crimes compared to the investigation of other felonies, andwhy?

Back 43

3-5 times longer because of bifurcated trial

Front 44

What is frequently the most expensivepart of the pretrial process in death penalty cases?

Back 44

Filing of motions

Front 45

Of what are the enormous costsof capital punishment a product?

Back 45

The number of people the death penalty jurisdictionattempts to execute

Front 46

What are “opportunity costs” in thecontext of capital punishment?

Back 46

Extra time district attorneys spend tryingcapital cases and extra court time

Front 47

What do many prosecutors and defenseattorneys believe is the key element in a capital case?

Back 47

Jury selection

Front 48

How many attorneys are required forcapital defendants in many states?

Back 48

2

Front 49

How have capital trial costs affectedsome counties?

Back 49

Caused application to become arbitrary anddiscriminatory

Front 50

What do prosecutors do in somedeath-eligible cases rather than incur the expense?

Back 50

Forego capital trials altogether

Front 51

Which stage is generally considered themost expensive part of the entire death penalty process?

Back 51

Post-trial

Front 52

Does the federal government require legalrepresentation for capital defendants pursuing federal habeas corpus appeals?

Back 52

Yes

Front 53

Compared to other parts of the deathpenalty process, how expensive is it to put people to death?

Back 53

Fairly inexpensive

Front 54

How many jurisdictions have statutoryprovisions for indemnifying the wrongly convicted (in capital and non-capitalcases)?

Back 54

29

Front 55

Currently, how many death penaltyjurisdictions have LWOP?

Back 55

All 34 death penalty states plus the FederalGovernment and the U.S Military

Front 56

Do the laws of mostdeath penalty jurisdictions permit elderly death row inmates to be housed ingeriatric facilities inside prisons or placed in“end of life” programs?

Back 56

Yes

Front 57

According to M. Watt Espy, Jr,approximately what percent of those persons executed in the United States since1608 have been innocent of the crimes for which they were executed?

Back 57

5%

Front 58

In the twentieth century, how manygovernment officials in the United States admitted to being involved in theexecution of an innocent person?

Back 58

0

Front 59

According to Bedau and Radelet, how manypeople were wrongfully convicted of capital crimes in the United States in the20th century?

Back 59

496

Front 60

According to Bedau and Radelet, how manypeople were wrongfully executed for capital crimes in the United States in the20th century?

Back 60

23

Front 61

Has the average number of innocent deathrow inmates being released been increasing, decreasing, or remaining the same?

Back 61

Increasing

Front 62

How many people may have been executed inerror in the United States since 1976 and the implementation of “super dueprocess?”

Back 62

26, if not more

Front 63

Have “super due process" protectionsmade a difference in the incidence of wrongful convictions in capital cases?

Back 63

No

Front 64

In what case did the Supreme Court createthe harmless error rule?

Back 64

Chapman v. California

Front 65

For what type of error and condition willappellate courts reverse convictions and sentences?

Back 65

Serious or prejudicial

Front 66

In the case of a claim of innocence basedon new evidence, Virginia has the shortest deadline in the U.S. How long doesVirginia give a defendant to make a claim of innocence following conviction?

Back 66

21 days

Front 67

According to the Liebman study,approximately what percent of the fully reviewed state death sentences imposedbetween 1973 and 1995 were reversed at one of the appeal stages because ofserious or prejudicial errors?

Back 67

Two-thirds

Front 68

According to the Liebman study, inapproximately what percent of the reversals by state post-conviction courts didthe defendant deserve a sentence other than death when the errors were cured onretrial?

Back 68

80%

Front 69

According to the Liebman study, in whatpercent of the reversals by state post-conviction courts was the defendantfound to be innocent of the capital crime?

Back 69

7%

Front 70

According to Gross, during which of thefollowing stages do most errors in capital cases occur?

Back 70

Police investigation

Front 71

What is the term used todescribe the practice of crime lab technicians fabricating results to supportpolice suspicions without ever testing the evidence?

Back 71

Dry lobbing

Front 72

In what percent of the cases studied in a2004 ChicagoTribune investigation of 200 DNA and death row exonerations nationwidebetween 1984 and 2004 was original forensic testing or testimony flawed?

Back 72

More than 25%

Front 73

What do decades of research show aboutthe reliability of eyewitnesses?

Back 73

Eyewitnesses aren't good at identifying criminaloffenders or identifying offenders of a differentrace especially when under stress

Front 74

Who are the most powerful people in thecapital punishment process?

Back 74

Prosecutors

Front 75

In a recent study of 88 cases under post-Furman statutes (through December 31,2000) in which people were completely exonerated of crimes for which they weresentenced to die, what type of prosecutor misconduct occurred most frequently?

Back 75

Withholding exculpatory evidence

Front 76

Whatwas the foremost cause of wrongful convictions in capital cases found by Bedauand Radelet and the Centeron Wrongful Convictions at Northwestern University Law School?

Back 76

Perjury by prosecution witnesses

Front 77

Do prosecutors have a legal obligation torelease crime evidence for DNA analysis once a trial has been concluded so thata convicted defendant can prove his or her innocence?

Back 77

No

Front 78

In a study of 381 murder convictionssince 1963 that were reversed because of police or prosecutor misconduct, howmany prosecutors who broke the law were convicted or disbarred for theirmisconduct?

Back 78

0

Front 79

Are prosecutors protected from civilsuits when they knowingly allow perjured testimony or deliberately concealevidence of innocence?

Back 79

Yes

Front 80

What did a Texas study by the Governor'sjudicial council find about murderers with court-appointed attorneys comparedto murderers who were represented by private lawyers?

Back 80

Three-quarters of murderers with court-appointedattorneys were sentenced to death, while only about a third of thoserepresented by private lawyers were so sentenced

Front 81

What did a 1990 National Law Journal study find about legal representation of poorcapital defendants in Alabama, Florida, Georgia, Louisiana, Mississippi, andTexas?

Back 81

Lawyers who had never handled capital cases,lacked training, made little effort, or had been reprimanded or disciplined

Front 82

Have attorneys who have slept throughcapital trials been considered “not ineffective?”

Back 82

Yes

Front 83

How many death penalty states haveadopted minimum guidelines or standards or created an agency to promulgatestandards for the appointment of counsel at either the trial or appellate levelor both in capital cases?

Back 83

30

Front 84

Have some judges appointed lawyerslicensed to practice law to represent a capital defendant, even if the lawyer’spractice was limited mostly to real estate or divorce law?

Back 84

Yes

Front 85

In what 1984 case did the Supreme Courtprovide guidelines as to when counsel may become ineffective?

Back 85

Strickland v. Washington

Front 86

What must a capital defendant making aclaim of ineffective counsel demonstrate?

Back 86

Attorney’s performance was deficient based on"prevailing professional norms" and attorneys deficient performancecontributed to adverse outcome of case

Front 87

In a study that compared innocent capitaldefendants who were eventually exonerated and released from death row andinnocent capital defendants who were later executed, defendants with privatelawyers at trial were how many times more likely to be exonerated and releasedfrom death row than defendants with court-appointed attorneys?

Back 87

9

Front 88

In Stricklandv. Washington, why did the Court refuse to adopt performance guidelines forevaluating counsel in capital cases?

Back 88

Purpose of the effective assistance guaranteewas not to improve the quality of legal representation no set of rules can takeinto account the variety of circumstances, adoption of standards wouldencourage ineffectiveness claims

Front 89

What process generally provides the finalopportunity to consider whether a death sentence should be imposed?

Back 89

Clemency

Front 90

How many jurisdictions have provisionsfor granting clemency?

Back 90

All 50 states, the federal government, and themilitary, so 52

Front 91

What is the most common type of clemencyemployed in capital cases?

Back 91

Reprieve

Front 92

How many pardons were granted tocondemned inmates between 1973 and 2011?

Back 92

7

Front 93

What is a major problem in policeinvestigations of capital crimes?

Back 93

Police should keep an open and objective mind

Front 94

As of 2010, how many death penalty statesgave inmates the right to use the latest DNA testing?

Back 94

33

Front 95

According to ProfessorBaumgartner and his colleagues, what is the single most important factor infocusing the media’s, and through the media, the public’s attention on theissue of innocence?

Back 95

Innocence projects

Front 96

Do victims of miscarriages of justice incapital cases frequently receive indemnity from the state that wrongfullyconvicted them?

Back 96

Yes

Front 97

What are the ways that wrongfullyconvicted death row inmates may be compensated?

Back 97

Filing compensation claim, lawsuits, privatelegislation or private donations

Front 98

Accordingto a study conducted in Florida during the spring of 2009, approximately what percentof respondents believed that between 2 and 20 percent of all capital defendantshave been wrongfully convicted?

Back 98

More than 87%