Question 1

In death penalty cases, victim impact statements are not acceptable.

Accepted Answer

A) True 
 B)False

Question 2

Which standard must be used when determining whether a specific action violates the Eighth Amendment?

Accepted Answer

A)   Non-interference
B)   Shocked the conscience
C)   Evolving standards of decency
D)   Unduly hazardous

Question 3

What was Congress' goal in passing the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) ?

Accepted Answer

A)   To provide an appeal process to sentences of the death penalty
B)   To limit the period for filing a federal habeas corpus petition
C)   To ensure prisoners have the right to legal counsel while on death row
D)   All of the above

Question 4

When is a stay and abeyance appropriate for a district court to use?

Accepted Answer

A)   It is never appropriate for a district court to use
B)   There are unexhausted claims that are plainly meritless
C)   There is a delay, intentional or not.
D)   There is good cause for the petitioner's failure to exhaust his claims

Question 5

The Eighth Amendment bars the imposition of the death penalty for the rape of a child.

Accepted Answer

A) True 
 B)False

Question 6

Trop v. Dulles established the "evolving standard of decency" standard.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following Supreme Court cases ruled that the death penalty was considered cruel and unusual punishment for the mentally impaired?

Accepted Answer

A)   Trop v. Dulles
B)   McCleskey v. Kemp
C)   Batson v. Kentucky
D)   Atkins v. Virginia

Question 8

Rhines v. Weber held stay and abeyance should be available only in limited circumstances.

Accepted Answer

A) True 
 B)False

Question 9

When did the Supreme Court last directly address judicial hanging?

Accepted Answer

A)   1878
B)   1896
C)   1908
D)   1927

Question 10

How did the AEDPA affect the district courts?

Accepted Answer

A)   Limited their discretion
B)   Prevented courts from the use of a "stay and abeyance"
C)   Took all power away from the courts
D)   Eliminated habeas corpus filings

Question 11

Summarize the importance of Furman v. Georgia and Gregg v. Georgia.

Accepted Answer

Furman v. Georgia and Gregg v. Georgia w...

Question 12

In response to the Furman decision, the majority of states enacted modified death penalty statutes.

Accepted Answer

A) True 
 B)False

Question 13

In __________, the Supreme Court ruled that a petitioner must prove the decisionmakers in his/her case acted with discriminatory purpose.

Accepted Answer

A)   Trop v. Dulles
B)   McCleskey v. Kemp
C)   Batson v. Kentucky
D)   Atkins v. Virginia

Question 14

The AEDPA limits the filing period to two years.

Accepted Answer

A) True 
 B)False

Question 15

Capital punishment is unconstitutional.

Accepted Answer

A) True 
 B)False  False

Question 16

In __________ (a rape case) , the Supreme Court ruled that the death penalty can only be valid in cases that result in the death of a victim.

Accepted Answer

A)   Furman v. Georgia
B)   Gregg v. Georgia
C)   Kennedy v. Louisiana
D)   Trop v. Dulles

Question 17

What did the Supreme Court rule on in Batson v. Kentucky?

Accepted Answer

A)   Discrimination against the mentally impaired in peremptory strikes
B)   Discrimination against the mentally impaired in the sentencing of the death penalty
C)   Racial discrimination in peremptory strikes
D)   Racial discrimination in the sentencing of the death penalty

Question 18

The Supreme Court held that a statute that provided too limited a range of mitigating circumstances is constitutional.

Accepted Answer

A) True 
 B)False

Question 19

In death penalty cases, the Supreme Court has held that the Eighth Amendment does not require that a jury be instructed as to the consequences of their failure to agree.

Accepted Answer

A) True 
 B)False  True

Question 20

For each of the following scenarios, use case law to explain whether the situations are reasonable to end in the death penalty:
● The prosecution uses peremptory challenges to exclude black jurors based on their ambivalence or opposition to the death penalty.
● A person is charged with the aggravated rape of a 13-year-old.
● A prisoner has an IQ of 71 and has committed a murder in a state that requires an IQ of 70 or below to be determined as mentally impaired.

Accepted Answer

1. The prosecution uses peremptory challenges to exclude black jurors based on their ambivalence or opposition to the death penalty.

In the case of Batson v. Kentucky (1986), the Supreme Court ruled that it is unconstitutional to use peremptory challenges to exclude potential jurors based on their race. This means that if the prosecution is excluding black jurors solely because of their race, it would not be reasonable for the situation to end in the death penalty. The use of peremptory challenges in this manner would violate the defendant's rights to a fair trial and equal protection under the law.

2. A person is charged with the aggravated rape of a 13-year-old.

In the case of Kennedy v. Louisiana (2008), the Supreme Court ruled that the death penalty is not a reasonable punishment for the crime of rape, particularly when the victim is not killed. Therefore, it would not be reasonable for the situation to end in the death penalty for the charge of aggravated rape of a 13-year-old.

3. A prisoner has an IQ of 71 and has committed a murder in a state that requires an IQ of 70 or below to be determined as mentally impaired.

In the case of Atkins v. Virginia (2002), the Supreme Court ruled that it is unconstitutional to execute a person who is intellectually disabled. The Court held that individuals with intellectual disabilities are less culpable for their actions and less able to understand and process the consequences of their actions. Therefore, if the prisoner has an IQ of 71 and is considered intellectually disabled, it would not be reasonable for the situation to end in the death penalty, especially in a state that sets the threshold for intellectual disability at an IQ of 70 or below.

Exam 12: The Death Penalty

In death penalty cases, victim impact statements are not acceptable.

Correct Answer
verified

Which standard must be used when determining whether a specific action violates the Eighth Amendment?

Correct Answer
verified

What was Congress' goal in passing the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) ?

Correct Answer
verified

When is a stay and abeyance appropriate for a district court to use?

Correct Answer
verified

The Eighth Amendment bars the imposition of the death penalty for the rape of a child.

Correct Answer
verified

Trop v. Dulles established the "evolving standard of decency" standard.

Correct Answer
verified

Which of the following Supreme Court cases ruled that the death penalty was considered cruel and unusual punishment for the mentally impaired?

Correct Answer
verified

Rhines v. Weber held stay and abeyance should be available only in limited circumstances.

Correct Answer
verified

When did the Supreme Court last directly address judicial hanging?

Correct Answer
verified

How did the AEDPA affect the district courts?

Correct Answer
verified

Summarize the importance of Furman v. Georgia and Gregg v. Georgia.

Correct Answer
Answered by ExamLex AI
Furman v. Georgia and Gregg v. Georgia w...
View Answer

In response to the Furman decision, the majority of states enacted modified death penalty statutes.

Correct Answer
verified

In __________, the Supreme Court ruled that a petitioner must prove the decisionmakers in his/her case acted with discriminatory purpose.

Correct Answer
verified

The AEDPA limits the filing period to two years.

Correct Answer
verified

Capital punishment is unconstitutional.

Correct Answer
verified
False

In __________ (a rape case) , the Supreme Court ruled that the death penalty can only be valid in cases that result in the death of a victim.

Correct Answer
verified

What did the Supreme Court rule on in Batson v. Kentucky?

Correct Answer
verified

The Supreme Court held that a statute that provided too limited a range of mitigating circumstances is constitutional.

Correct Answer
verified

In death penalty cases, the Supreme Court has held that the Eighth Amendment does not require that a jury be instructed as to the consequences of their failure to agree.

Correct Answer
verified
True

Exam 12: The Death Penalty

In death penalty cases, victim impact statements are not acceptable.

Correct AnswerverifiedShow Answer

Which standard must be used when determining whether a specific action violates the Eighth Amendment?

Correct AnswerverifiedShow Answer

What was Congress' goal in passing the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) ?

Correct AnswerverifiedShow Answer

When is a stay and abeyance appropriate for a district court to use?

Correct AnswerverifiedShow Answer

The Eighth Amendment bars the imposition of the death penalty for the rape of a child.

Correct AnswerverifiedShow Answer

Trop v. Dulles established the "evolving standard of decency" standard.

Correct AnswerverifiedShow Answer

Which of the following Supreme Court cases ruled that the death penalty was considered cruel and unusual punishment for the mentally impaired?

Correct AnswerverifiedShow Answer

Rhines v. Weber held stay and abeyance should be available only in limited circumstances.

Correct AnswerverifiedShow Answer

When did the Supreme Court last directly address judicial hanging?

Correct AnswerverifiedShow Answer

How did the AEDPA affect the district courts?

Correct AnswerverifiedShow Answer

Summarize the importance of Furman v. Georgia and Gregg v. Georgia.

Correct AnswerAnswered by ExamLex AIFurman v. Georgia and Gregg v. Georgia w...View AnswerShow Answer

In response to the Furman decision, the majority of states enacted modified death penalty statutes.

Correct AnswerverifiedShow Answer

In __________, the Supreme Court ruled that a petitioner must prove the decisionmakers in his/her case acted with discriminatory purpose.

Correct AnswerverifiedShow Answer

The AEDPA limits the filing period to two years.

Correct AnswerverifiedShow Answer

Capital punishment is unconstitutional.

Correct AnswerverifiedFalse

In __________ (a rape case) , the Supreme Court ruled that the death penalty can only be valid in cases that result in the death of a victim.

Correct AnswerverifiedShow Answer

What did the Supreme Court rule on in Batson v. Kentucky?

Correct AnswerverifiedShow Answer

The Supreme Court held that a statute that provided too limited a range of mitigating circumstances is constitutional.

Correct AnswerverifiedShow Answer

In death penalty cases, the Supreme Court has held that the Eighth Amendment does not require that a jury be instructed as to the consequences of their failure to agree.

Correct AnswerverifiedTrue

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
Furman v. Georgia and Gregg v. Georgia w...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
True