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28 Cards in this Set
- Front
- Back
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coker v. georgia
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DP not available for rape w/out murder
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greg v. georgia
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76- juries must hear aggrivating/mitigating factors
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furman v. georgia
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72-DP arbitraily sentenced
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lockett v. ohio
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jurors must be allowed to consider EVERY mitigating factor
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ford v. wainwright
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cant exicute crazy ass person who goes crazy on death row
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atkins v. virgina
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mentally retarded person
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roper v. simmons
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cant exicute juvinille who commited crime
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2006 STATS
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56% are in south
7% north east BIGGEST-cali-640 FEWEST-new hap.-0 1/2 D.P. in 4 states-cali,FL, TX, PEN |
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General STAT
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3,370 on DR
73-lowest of 134 2000-3,593 64%-prior felony 8%-prior hom. conviction MOST WERE NOT IN SYSTEM @ TImE OF OFFENSE |
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Stat of people leave death row
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43%-LWOP
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REMOVAL FROM DR (not exicuted)
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Apellet ct-Lesser sentence
Clemency- Death (natural and suicide) 52% white 41%black 6% his 1%other |
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Liebman et. al Study
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2000-23 yrs of DS
68% had fixable judcial error 7 of 10 found reversable problem 7% INNOCENT |
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capital offenses in CO
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treason
1st murder |
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1st degree murder
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thinking about killing someone and then doing it Cls 1 felony
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2nd degree murder
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knowling -practially certain
class 2 felony |
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manslaughter
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class 4 felon
knowinly v. recklessly practicaly certain v. probablity |
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challenge for cause
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state fact in open ct. room ex: her father is a police officer
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premptory challenge
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more secrective, dont have to explain yourself yet if judge suspects race or sex are involved can deny
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witherspoon v.Illinois
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68-jurors opinion about DP doesnt matter, they can only be dismissed if pro. show their attitude would prevent him/her from making an impartial decision about punishment
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batson v. kentucky
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86-prosecutor who dismisses a disproportionate amount of potential jurors of same race must give neutral reasons for strikes
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Ring V. Arizona
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instead of a judge imposeing DS a jury would now do so being that this violates defendants constitutional right to trial by jury
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wainwright v. witt
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85-prospective jurors be dismissed if their views would prevent or considerable impair their ablilty to preform their functions as jurors
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woodson v. north carolina
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DP no longer mandatory for all convicted 1st degree murderers
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DP 1930-1976
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54% Black 60% in south
86%-murder 12% rape |
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DP 1976-2006
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58% whites all but 11 men
82% south |
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clemency
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repreive-stay during appeal
commutation-reducation of penalty pardon-release from consequences of crime |
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capital crimes
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murder, train wrecking, contract murder, perjury leading to execution, cap. drug trafficking, cap. sex. assault, aircraft hijacking, kidnapping, aggravated rape w/ victime <12, aircraft piracy
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retrobution
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punishments that are preportional to crime that are enacted by gov. and restore balance to society
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