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TCU > Critical Issues Final > Flashcards

Critical Issues Final Flashcards

1
Q

What evidence did the prosecution withhold In the case of Alfred Dwayne Brown? (sma ecase as Erik’s)

A

The Phone Records

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2
Q

What did Erike get arrested for?

A

Perjury

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3
Q

Myths of capital punishment

A

1) it is not cheaper to execute

2) capital Punishment does not have a deterrent effect

3) the attorney you get is not necessarily the best of the best

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4
Q

Realities of capital punishment:

A

1) cost: life without parole equals $750,000 – 1.1 million. Capital punishment, however, the cost is much more 5 to 6,000,000 for an insect execution which never happens. It is always more because of appeals.

2) US has high murder rate of any industrialization, and yet it is the only one with capital punishment. Deter affect is nonexistent 

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5
Q

Who’s being executed: race

A

White 56%

Black 34%

Hispanic 8%
Other 2%

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6
Q

What makes the death penalty trial/ capital trial unique?

A

What makes a capital trial unique is that it is two parts: first part determines guilt/innocence and second part determined sentence 

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7
Q

What did Greg versus Georgia decision do?

A

Greg v Georgia (1976) reinstate death penalty in US with special circumstances

Greg decision made capital punishment available only for murder with special circumstances

After Greg came out, we saw capital murder for the first time. Prior to Greg, death penalty was for anyone, anything.

Gregg made it a two part system: trial and sentence

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8
Q

What was added in the Greg decision?

A

1) separate sentencing he

2) use of aggravating and mitigating circumstances in the sentencing phase

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9
Q

Another supreme court case influencing, capital punishment: Furman V Georgia, (1972) (prior to Gregg)

What was the outcome?

A

Death penalty abolished in the United States 

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10
Q

Atkins V Virginia, (2002)

Outcome?

A

Cannot sentence or execute people who have disabilities to death

This ruling has given states some discretion to decide how to determine disabilities 

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11
Q

___ out of ____ death penalty cases result in an actual death penalty

A

1 out of 4

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12
Q

Total number of Texas executions

A

583

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13
Q

Race of victims in death penalty cases

A

White 76%

Black 15%

Hispanic 7%
Other

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14
Q

Capital punishment is legal in___ states

A

27

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15
Q

How many DNA exonerations?

How many exonerations total?

A

DNA: over 375

Total: over 3,385

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16
Q

The governor must have the ____ of ______ and _______ recommend clemency before he can initiate it

A

The board of pins and pearls

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17
Q

How does the Texas board of pardons and parolees operate?

A

1) 18 members of the board examine the cases separately

2) do not meet to discuss the case

3) there are no written guidelines

4) explanations are not required

5) fax, mail, or call in to vote

6 Governor has the power to grant a 30 day reprieve

7) rehabilitation does not appear to be a significant factor

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18
Q

True or false: there are 18 members on the board of pardons and paroles, and they examine the cases separately

A

True

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19
Q

True or false: explanations are NOT required from the members of the board of pardons and paroles

A

True

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20
Q

Why, Texas is number one in executions? (1 of 3)

A

Texas appellate judges are elected to office meaning they have to serve the pleasure of the public

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21
Q

Why, Texas is number one in executions

(2 of 3)

A

Texas does not have a public defender system for indigent offenders. Instead relies on court appointed attorneys with likely or little capital experience. (Maybe none).

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22
Q

Why, Texas is number one in executions

(3 of 3) important one:

A

Texas has “law of parties” system. This allows offenders to be sent to death, if present, while crimes are being committed.

This is based on offender, being criminally responsible for the conduct of another

Could also be called conspiracy statutes, creates a larger pool of people for death penalty

23
Q

Concept of “future dangerousness”

A

“Whether there is a probability that the defendant would commit criminal acts of violence that would cost to a threat to society”

24
Q

10 ways to get death penalty in Texas

A

1) murder, someone under the age of 10

2) knowingly murder, a officer or fireman

3) murder during escape of a prison

4) murder of a correctional employee while incarcerated

5) murder, during kidnapping, robbery, sexual assault, arson, retaliation, terroristic threat

6) murder in retaliation of a judge or member of any court

7) murder, while incarcerated serving a 99 year sentence for kidnapping, aggravated, assault, or aggravated robbery

8) murder of more than one person

9) murder while incarcerated for murder or capital murder

10) employing someone for murder for hire

25
Q

Number of qualifying crimes is 10. Or, is it?

The actual number is ___ ways.

However, ____ ways with conspiracy/law parties statutes

A

91

273

26
Q

Who pays for death penalty in Texas

A

Each county pays for its own trials in the state appeal process

Every Texas resident who pays taxes is paying for death penalty appeals

Smaller counties are thus subsidizing for “wealthier“ counties seeking death penalty 

27
Q

___ of Texas 254 counties have never sent a single offender to death Row

A

136

28
Q

If California repealed death penalty today, it would save ___ million a year

A

100

29
Q

Since 1976, each execution in Florida has cost ___ million

A

24 million

30
Q

Since 1978 total cost for California’s death penalties are: __ billion

A

4 billion

31
Q

True or false: we hit our peak executions in 1999

A

True

32
Q

What types of crimes are people wrongfully convicted for?

A

murder 40%

Sexual assault 14%

Child abuse 12%

Drugs 11%

Robbery 5%

Other 19%

33
Q

Contributing causes of wrongful conviction (of first 225 DNA exonerations)

A

Eyewitness misidentification (173)

Un validated/improper forensics (116)

False confessions/admissions (51)

Informants/snitches (36)

34
Q

True or false: eyewitness identification is no longer the gold standard, in fact, is the highest source of wrongful conviction

A

True

35
Q

Problems with bite mark forensics:

A

1) never been validated

2) experts, cannot agree!

3) no analytical test or scan to match bite marks

4) skin is a terrible recording, medium bite marks (skin is a elastic and varies person person, skin is different if you’re removing or stain still which affects the impression of the teeth).

36
Q

DNA exonerations have revealed instances of “dry-labbing” evidence

What is this?

A

Reporting results, when no test was actually performed

37
Q

True or false: we still have many people behind bars, and on death row for these faulty evidence

A

True

38
Q

Most important factor of determining
If defendant will receive the death penalty is ______ of representation

A

Quality

39
Q

True or false: out of the 1976 Supreme Court decision, everyone must have the direct appeal process be submitted automatically

A

True

40
Q

The direct appeals process is limited to ________

A

Limited to issues from the trial

41
Q

In death penalty cases, the direct appeal process consist of;

A

The judge looking over, purely the issues within the trial. He makes a judgment on the ruling and sentencing, being good, or he overturns it, or reverses it

42
Q

Appeals: post conviction

The second stage

A

Petitions are first filed with the original trial judge, then appealed to any intermediate courts, and then finally to the states highest courts

At this stage, the defendant may raise issues surrounding the conviction and sentence that are outside of the record. The defendant may raise issues, such as ineffective assistance of counsel, dermis conduct, newly discovered evidence, and Brady violations. 

43
Q

Appeals: federal habeas corpus

The final stage

A

This is limited to the federal issues, raised on appeal in the state courts. The federal appeals process consists of three levels.

44
Q

Three levels of federal habeas corpus:

A

1) a petition to the US District Court is the first step. The judge may also grant a hearing on new evidence. The judge can dismiss the petition, overturn the conviction, or overturn the sentence.

2) Permission must be granted by US District Court or court of appeals, to file to the…

US court of appeals. This appeal is limited to issues raised in the US district court. If the conviction were sentence is overturned and federal review, the state is usually given the opportunity to retry the suspect. If the US court of appeals, denies relief, the only option is to petition for the third step (US Supreme Court) writ of habeas corpus

3) US Supreme Court: writ of habeas corpus

This is the last resort for defendants, appealing their death sentence. The court, however, only reviews a handful of death penalty cases a year. When a writ of certiorari is denied by the US Supreme Court, the defendant has exhausted his appeals. The only relief to the defendant is executive clemency.



45
Q

What happens after all their death penalty appeals are exhausted?

A

Executive clemency (governor)

46
Q

True or false call: the US Supreme Court is often called the court of last resort

A

True

47
Q

To performs in TEDTalk regarding death penalty

A

1) specialized bar for juveniles

2) rethink punishment

3) Earlier intervention

48
Q

Research shows as little as ___ days in solitary can lead to irreversible, harmful psychological effects

A

15

49
Q

True or false: solitary confinement, decreases brain function. Researchers measured, lower EEG frequency and patience, after only one week of isolation.

A

True 

50
Q

Most solitary environment cells are measured as—

A

8 X 10 cells

51
Q

Defendants with court appointed attorneys are more than ______ as likely to be sentenced to death, then defendants with a private attorney

A

Twice

52
Q

The ______ of the victim is the single, most reliable predictor of whether someone will be sentenced to die 

A

Racr

53
Q

195 total exonerated who were inncocent

A

.

54
Q
A

TCU (27 decks)

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