Case Law

Question 1

Furman v. Georgia

Answer 1

death penalty, as administered, violated 8th Amendment. Placed moratorium on usage. (1972)

Question 2

Gregg v. Georgia

Answer 2

reinstated the use of death penalty (1976). Death penalty is not a per se violation of the 8th Amendment. Established 5 guidelines.

Question 3

Coker v. Georgia

Answer 3

Sentencing someone to death for the rape of an adult woman violates the 8th Amendment.

Question 4

Woodson v. North Carolina

Answer 4

mandatory death penalty for all first degree murderers violates 8th Amendment

Question 5

Godfrey v. Georgia

Answer 5

Death penalty may not be imposed where aggravating circumstances are too broad and vague.

Question 6

Lockett v. Ohio

Answer 6

defendant has an 8th Amendment right to present, during the penalty phase of the death penalty case, any mitigating factors relevant to character or circumstances of the crime.

Question 7

Enmund v. Florida

Answer 7

participant in felony murder who does not kill or intend to kill may not be executed.

Question 8

Tison v. Arizona

Answer 8

the major participant in a felony murder who does not kill or intend to kill but has the mental state of reckless indifference to human life may be sentenced to death.

Question 9

Witherspoon v. Illinois

Answer 9

prospective juror may not be removed from the panel “for cause” because he voiced objection to the death penalty or expressed conscientious or religious feelings against it.

Question 10

Uttecht v. Brown

Answer 10

trial court is in best position to decide whether to remove a potential juror for cause based on demeanor. Clarified Lockhart v. McCree: prospective juror may be excused “for cause” if his opposition to the death penalty would impair his performance in the sentencing phase of a capital case.

Question 11

Morgan v. Illinois

Answer 11

prospective juror may be excused “for cause” if his support of the death penalty would impair his performance in the sentencing phase of a capital case

Question 12

Turner v. Murray

Answer 12

defendant in an interracial murder case has a right to question prospective jurors about racial prejudice.

Question 13

Payne v. Tennessee

Answer 13

Victim Impact Statements are allowed during the sentencing phase of a capital case.

Question 14

Wiggins v. Smith

Answer 14

failure of counsel to prepare and present mitigating evidence after telling the jury that would hear it, was deemed ineffective assistance of counsel in violation of 6th Amendment.

Question 15

Williams v. Taylor

Answer 15

defense counsel was constitutionally ineffective in failing to investigate and present mitigating evidence at the penalty phase.

Question 16

Ford v. Wainwright

Answer 16

8th Amendment prohibits the execution of a defendant who is convicted of capital murder and sentenced to die, but is insane at the time of execution.

Question 17

Panetti v. Quarterman

Answer 17

prisoner who claims to be insane at execution may be executed if he has a rational understanding of the reason for and meaning of the punishment of death, not just a mere awareness.

Question 18

Atkins v. Virginia

Answer 18

executions of mentally retarded defendants are cruel and unusual punishment in violation of the 8th Amendment

Question 19

Herrera v. Collins

Answer 19

death row defendant’s claim of innocence was insufficient to meet standards for constitutional basis.

Question 20

Roper v. Simmons

Answer 20

8th Amendment forbids the execution of offenders under the age of 18.

Question 21

Kennedy v. Louisiana

Answer 21

8th Amendment bars imposing death penalty for rape of a child where crime in not result in victim’s death.

Question 22

Baze v. Rees

Answer 22

risk of improper administration of 3 drug lethal injection protocol is sufficiently low so as to not constitute cruel and unusual punishment.

Question 23

Kansas v. Marsh

Answer 23

statute requiring the imposition of the death penalty if aggravating circumstances are not outweighed by the mitigating circumstances is constitutional.

(if circumstances are weighted equally)

Question 24

McKoy v. North Carolina

Answer 24

8th Amendment prohibits a requirement that jurors have to unanimously agree on mitigating circumstances

Question 25

Strickland v. Washington

Answer 25

ineffective assistance of counsel, establishes two standard (1) counsel’s performance falls below an objective standard of reasonableness and (2) counsel’s performance gives rise to a reasonable probability that, if counsel had performed adequately, the result would have been different