Critical Issues Final

Question 1

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

Answer 1

The Phone Records

Question 2

What did Erike get arrested for?

Answer 2

Perjury

Question 3

Myths of capital punishment

Answer 3

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

Question 4

Realities of capital punishment:

Answer 4

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 

Question 5

Who’s being executed: race

Answer 5

White 56%

Black 34%

Hispanic 8%
Other 2%

Question 6

What makes the death penalty trial/ capital trial unique?

Answer 6

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

Question 7

What did Greg versus Georgia decision do?

Answer 7

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

Question 8

What was added in the Greg decision?

Answer 8

1) separate sentencing he

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

Question 9

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

What was the outcome?

Answer 9

Death penalty abolished in the United States 

Question 10

Atkins V Virginia, (2002)

Outcome?

Answer 10

Cannot sentence or execute people who have disabilities to death

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

Question 11

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

Answer 11

1 out of 4

Question 12

Total number of Texas executions

Answer 12

583

Question 13

Race of victims in death penalty cases

Answer 13

White 76%

Black 15%

Hispanic 7%
Other

Question 14

Capital punishment is legal in___ states

Answer 14

27

Question 15

How many DNA exonerations?

How many exonerations total?

Answer 15

DNA: over 375

Total: over 3,385

Question 16

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

Answer 16

The board of pins and pearls

Question 17

How does the Texas board of pardons and parolees operate?

Answer 17

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

Question 18

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

Answer 18

True

Question 19

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

Answer 19

True

Question 20

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

Answer 20

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

Question 21

Why, Texas is number one in executions

(2 of 3)

Answer 21

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).

Question 22

Why, Texas is number one in executions

(3 of 3) important one:

Answer 22

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

Question 23

Concept of “future dangerousness”

Answer 23

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

Question 24

10 ways to get death penalty in Texas

Answer 24

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

Question 25

Number of qualifying crimes is 10. Or, is it? The actual number is ___ ways. However, ____ ways with conspiracy/law parties statutes

Answer 25

91 273

Question 26

Who pays for death penalty in Texas

Answer 26

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 

Question 27

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

Answer 27

136

Question 28

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

Answer 28

100

Question 29

Since 1976, each execution in Florida has cost ___ million

Answer 29

24 million

Question 30

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

Answer 30

4 billion

Question 31

True or false: we hit our peak executions in 1999

Answer 31

True

Question 32

What types of crimes are people wrongfully convicted for?

Answer 32

murder 40% Sexual assault 14% Child abuse 12% Drugs 11% Robbery 5% Other 19%

Question 33

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

Answer 33

Eyewitness misidentification (173) Un validated/improper forensics (116) False confessions/admissions (51) Informants/snitches (36)

Question 34

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

Answer 34

True

Question 35

Problems with bite mark forensics:

Answer 35

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).

Question 36

DNA exonerations have revealed instances of “dry-labbing” evidence What is this?

Answer 36

Reporting results, when no test was actually performed

Question 37

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

Answer 37

True

Question 38

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

Answer 38

Quality

Question 39

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

Answer 39

True

Question 40

The direct appeals process is limited to ________

Answer 40

Limited to issues from the trial

Question 41

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

Answer 41

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

Question 42

Appeals: post conviction The second stage

Answer 42

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. 

Question 43

Appeals: federal habeas corpus The final stage

Answer 43

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

Question 44

Three levels of federal habeas corpus:

Answer 44

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. 

Question 45

What happens after all their death penalty appeals are exhausted?

Answer 45

Executive clemency (governor)

Question 46

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

Answer 46

True

Question 47

To performs in TEDTalk regarding death penalty

Answer 47

1) specialized bar for juveniles 2) rethink punishment 3) Earlier intervention

Question 48

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

Answer 48

15

Question 49

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

Answer 49

True 

Question 50

Most solitary environment cells are measured as—

Answer 50

8 X 10 cells

Question 51

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

Answer 51

Twice

Question 52

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

Answer 52

Racr

Question 53

195 total exonerated who were inncocent

Answer 53

.