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97 Cards in this Set
- Front
- Back
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Is the Supreme Court willing to allow mandatory death penalty statutes, as long as they are confined to a special category of victim such as the killing of a police officer?
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No it's unconstitutional |
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Is a mandatory death sentence for murder committed by an inmate serving a life sentence without possibility of parole constitutional?
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No it's unconstitutional |
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Are state death penalty laws constitutional even when statistics indicate that they have been applied in racially biased ways?
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Yes |
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In what case did the Supreme Court rule that racial discrimination must be shown in individual cases?
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McCleskey v. Kemp
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In what case did the Supreme Court rule that Kentucky’s three-drug lethal injection protocol, which is similar to the execution protocol of most other death penalty states, did not violate the Eighth Amendment as “cruel and unusual”?
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Baze et al. v. Rees
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Which state lists the most mitigating circumstances in its death penalty statute?
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Colorado |
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Which state lists the fewest mitigating circumstances in its death penalty statute?
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Arizona
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What is the average number of mitigating circumstances among states that list them in their death penalty statutes?
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8 |
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May a sentencer (judge or jury) refuse to consider any relevant mitigating circumstance in a capital trial that is supported by evidence?
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No |
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May convicted murderers trying to escape a death sentence in favorof life in prison present evidence of their good behavior in jail whileawaiting trial?
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Yes |
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In Walton v. Arizona, what standard of proof didthe Supreme Court approve for proving the existence of mitigating factors inArizona?
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Preponderance-of-the-evidence
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May evidencecontradicting guilt be considered at the sentencing phase of a capital trial?
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No |
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What standard of proofis generally required to establish an aggravating circumstance?
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Beyond a reasonable doubt |
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How many aggravating circumstances are listed in the death penaltystatutes of the states with the fewest aggravating circumstances listed intheir death penalty statutes?
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8 |
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How many aggravating circumstances arelisted in the death penalty statutes of the states with the most aggravatingcircumstances listed in their death penalty statutes?
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22 |
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What is the averagenumber of aggravating circumstances listed in the statutes of death penaltystates?
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13 |
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What is the trend in the number of statutory aggravatingcircumstances in death penalty statutes?
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Toward an increase in the number of statutoryaggravating circumstances
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What is Simon and Spaulding’s view of aggravating factors?
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That they have a largely unrecognized butimportant symbolic role
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With which of the following participants in a capital trial wasthe case of Barefoot v. Estelleconcerned?
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Psychiatrists
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Is the Supreme Court willing to allow psychiatric evidencepredicting future dangerousness?
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No |
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What did an examination of 155 Texas death penalty cases in whichprosecutors used experts to predict defendants’ future dangerousness show?
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Showed that experts were wrong 95% of the time
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What are criticisms of the use of victim-impact statements incapital trials?
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It risked arbitrary and capricious imposition ofthe death penalty
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Are victim-impact statements required in capital trials?
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No |
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In 2009, what was the average time interval between death sentenceand execution?
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14 years |
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Is the appointment of counsel to indigent death row inmatesseeking state post-conviction relief required?
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No |
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Is a claim of "actual innocence" based on newlydiscovered evidence grounds for granting a further hearing in federal court?
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No |
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According to Chief Justice Rehnquist, what is the proper procedurefor making a claim of actual innocence after the judicial process has beenexhausted?
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By filing a request for executive clemency
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In Schlup v. Delo, whatstandard of proof did the Supreme Court establish for demonstrating actualinnocence?
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Probable Innocence
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Can a federal court save a prisoner from execution if the statecourt decision against the prisoner was wrong?
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Yes |
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Can death penalty opponents be excluded from juries deciding guiltor innocence in cases in which capital punishment is a possible sentence ifthey are opposed to the death penalty under any circumstances?
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Yes |
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Can a potential jurorwho offers no objection to the death penalty and states clearly that he or shewill follow the applicable law be excluded for cause under the Witherspoon-Witt“substantially impaired” standard?
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Yes |
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Can a prospective jurorwho would automatically vote for the death penalty upon conviction of a capitaloffense be challenged for cause?
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Yes |
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May the death sentence be reimposed as a result of retrial orresentencing following appeal?
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Yes |
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Does the double jeopardy clause prevent imposition of a deathsentence upon retrial when a jury had imposed life imprisonment at the firsttrial?
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No |
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In those states thatallow it, can a sentencing judge disregard a jury's recommendation of lifeimprisonment and impose the death penalty or vice versa?
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Yes |
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Does the Sixth Amendment right to a jury trial require that juriesand not judges determine whether or not death is the appropriate penalty in acapital case?
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Yes |
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Does the suggestion to sentencing jury that appellate court wouldcorrect an inappropriate death sentence create an intolerable risk ofunreliable sentencing?
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Yes |
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What issue was addressed in thecase of Miller-El v. Dretke?
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Racial bias during jury selection at the original trial
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Whenever the prosecution raises a defendant’s future dangerousness,does the defendant have the right to an accurate jury instruction that a lifesentence means no possibility of parole?
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Yes |
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With what issue do the following cases deal: Simmons v. South Carolina, Weeksv. Angelone, Shafer v. South Carolina,and Kelly v. South Carolina?
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The Court made clear that where an offender maysome day be paroled; the state is under no obligation to explain to the jurywhat a life sentence means
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Approximately what percent ofcapital indictments are for felony murder?
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40% |
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May judges and juries find murderous intent in someone whoparticipated in a crime that resulted in a death but who did not actually killor plan to kill anyone?
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Yes |
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May states execute people who have literally gone crazy on deathrow?
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No |
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How has the Supreme Courtdefined insanity for Eighth Amendment purposes?
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The Court held that it is not enough to consideronly whether only whether the death row inmate is aware that he is going to beexecuted and why, without considering delusions that may prevent him fromcomprehending the meaning of the punishment
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Can a state forcibly medicate death row inmates who have becomeinsane while on death row for the sole purpose of rendering them competent forexecution?
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Yes |
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Does the Eighth Amendment prohibit execution of a capital offenderwho is mentally retarded?
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Yes |
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Approximately what percent of the death row population is believedto be mentally retarded?
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12-20%
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According to the Supreme Court’s decision in Roper v. Simmons, what is the minimum age at which a person can bedeath-eligible?
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18 |
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May a juvenile offender be sentenced to life imprisonment withoutopportunity of parole for a nonhomicide crime?
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No |
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What issue is addressed in the following cases: Burger v. Kemp, Wiggins v. Smith, Florida v.Nixon, and Rompilla v. Beard?
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Assistance of counsel
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What issue is addressed in the following 2009-2010 Supreme Courtcases: Porter v. McCollum, Wong v.Belmontes, Bobby v. Van Hook, Sears v. Upton, Wood v. Allen, and Smith v. Spisak?
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Issue of ineffectiveness of counsel
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On what types of death penalty cases do the U.S. Supreme Courtrule?
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The constitutionality of a state or federal death penaltystatute is challenged or a capital defendant claims that their constitutionalrights were violated
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How many justices must vote to hear a case before the SupremeCourt hears the case?
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4 of 9
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How many U.S. Supreme Court justices does it take to stay, orstop, an execution?
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5 |
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What is the name of an order from a higher court to call up therecords of a lower court or to remove a case pending in a lower court to ahigher court?
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Writ of Certiorari
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What is the name of an order requiring that a prisoner be broughtbefore a court at a stated time and place to decide the legality of his or herdetention or imprisonment?
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Writ of Habeas Corpus
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In what year did Congress enact a death penalty statute for murderin the course of a drug-kingpin conspiracy and, in doing so, created new deathpenalty procedures that would meet the requirements of Furman?
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1988 |
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What is the role of the U.S. Attorney General in the federalcapital punishment process?
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Requires Authorization to file charges
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What is the role of the Federal Public Defender in the federalcapital punishment process?
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Court must consider defenders recommendation forwhich attorneys are qualified for appointment
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What does federal death penalty law require of jurors that is notrequired by state death penalty law?
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Unanimous jury
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Under what conditions may the federal government impose the deathpenalty on Native Americans?
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Capital prosecution of persons subject to thecriminal jurisdiction of an Indian tribal government where federal jurisdictionis based solely on Indian country and where the offense occurred withinboundaries of Indian country is prevented, unless the governing body of theIndian tribe waives its sovereign immunity
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Who and when was the first person executed by the U.S. government?
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Thomas Bird on the 25th of June 1790for murder
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Where did the Federal Bureau of Prisons construct the firstnational execution chamber in American history?
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Terre Haute, Indiana
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Who was the first person executed in the federal death chamber?
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Juan Raul Garza
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According to a Justice Department study, what percent of federaldefendants charged with capital offenses between 1995 and 2000 were minorities?
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80% |
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According to a Federal Death Penalty Resource Counsel study,approximately what percent of the 1500 organized crime figures that had beenconvicted between 1996 and 2000 faced a death sentence, including those whocommitted multiple murders?
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None or 0%
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As of November 2010, approximately what percent of the 60 peopleunder a federal death sentence were male?
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Between 90-98%
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As of November 2010, approximately what percent of the 60 peopleunder a federal death sentence were black?
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Between 40-50%
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What rights do the Racial Justice Act and the Fairness in DeathSentencing Act give offenders sentenced to death?
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The right to challenge as raciallydiscriminatory their individual death sentences
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What were the purposes of the Antiterrorism and Effective DeathPenalty Act of 1996?
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The law requires that 2nd orsubsequent habeas petitions be dismissed when the claim has already been madein a previous petition and it also requires that new claims be dismissed unlessthe Supreme Court hands down a new rule of constitutional law and makes itretroactive to cases on collateral review
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What issues did the Innocence Protection Act of 2004 address?
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Innocent people being wrongfully convicted ofcapital crimes and inadequate legal representation of capital defendants
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At the beginning of the 20th century, how many countrieshad abolished the death penalty for all crimes?
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14 |
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As of January 1, 2010, how many countries had abolished the deathpenalty in law or practice?
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96 |
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What country executed the most people in 2009?
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Iran |
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What treaty requires the abolition of the death penalty in peacetimeand is considered enormously influential on the international debate about thedeath penalty because it has provided “the foundation for external judgmentsabout the penal policies of other nations?”
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Protocol No. 6 to the European Convention onHuman Rights
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What is the status of the death penalty in Europe?
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It is viewed as a human rights violation
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Under what conditions is a punishment considered "cruel andunusual"?
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If there’s torture and unnecessary cruelty
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In what case did the Supreme Court abandon its fixed or historicalmeaning of the concept of "cruel and unusual punishment" and create anew one?
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Weems v. United States
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In what case did the Suprpeme Court emphasize that “the limits ofcivilized standards . . . draws its meaning from the evolving standards ofdecency that mark the progress of a maturing society?”
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Trop v. Dulles
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Has the Supreme Court ever declared an execution method cruel andunusual punishment?
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No |
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What penal practices does the Supreme Court consider cruel andunusual punishment?
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Excessive punishments, death row conditions, elderly andinfirm executions
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Except when executing spies, traitors, and deserters, what was thesole acceptable mode of execution in the U.S. for a century after the adoptionof the Eighth Amendment?
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Hanging |
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Who was the first American executed following the reinstatement ofthe death penalty in 1976?
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Gary Gilmore |
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Between about 1930 and 1972, what execution method did themajority of states that executed employ?
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Electrocution |
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In what country was the electric chair invented?
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United States |
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What state was the first to execute by lethal gas?
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Nevada |
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What state was the first toauthorize execution by lethal injection?
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Oklahoma |
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What tasks related to capital punishment has the American MedicalAssociation (AMA) prohibited doctors from performing?
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Not to be beyond pronouncing and inmate dead,declaring death, selecting injection sites, starting intravenous lines,prescribing, administering, or supervising the use of lethal drugs, along withmonitoring vital signs
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What did a survey published in the Annals of Internal Medicine in 2001 reveal about doctors and lethalinjection?
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It revealed that 41% of the 413 doctors whoresponded said they would preform 1 of the 10 functions of administering alethal injection and 25% would preform five or more
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What do the laws in somedeath penalty states stipulate about the medical techniques used in lethalinjection executions?
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The medical techniques used in lethal injectionsare not medical techniques, and the medical personnel who participate in themare not medical personnel for the purpose of executing prison inmates
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Where and when was the first execution by lethal injection?
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December 7th 1982 in Texas
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What is the role of the Food and Drug Administration in thecapital punishment process?
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It doesn’t have a role in it
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What method of execution has been used to execute the largestnumber of offenders under post-Furmanstatutes?
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Lethal Injection |
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What is the primary purpose of a death or execution warrant?
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Typically sets the date and place for aprisoner’s execution, usually is issued by the state’s governor or thePresident, and authorizes a warden to carry out the death sentence
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What is the primary goal of the deathwatch officers?
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Is to keep the inmate calm and under controlalong with keeping a detailed log of all the inmate’s actions
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Normally, how long does it take death to occur after the firstchemical has been injected?
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4 and a half minutes |
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Under what conditions are citizens allowed to witness anexecution?
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If you are part of the law enforcement andprosecutors who were involved in the case, are on a waiting list, part of amedia organization, or are the victim’s relatives
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