Exam 3

Front 1

Why is fairness in a death penalty case hard to prove?

Back 1

a) numerous discrete components where discrimination might occur (pleas, quality of evidence, jury selection)

b) broad and diffuse discretion (prosecutor, judge, jury)

c) disparities

d) possible innocence

e) jury doesn't understand instructions

Front 2

What happened, for purposes of our study, in the U.S. Supreme Court case of United States v. Leon, (1984)?

Back 2

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Front 3

Geographical disparity or inequality in administration of the death penalty, although aggravating to foes of the death penalty, such as authors Brendan Applegate and Heather Ouellette, might be explained by what aspects?

Back 3

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Front 4

What are the most traditionally recognized justifications for the death penalty in our system?

Back 4

The defendant committed 1st degree murder

Front 5

If the death penalty truly brings "closure," why is this closure likely so difficult in homicide cases?

Back 5

Capital punishment is just as likely to add distress, disruption, and cause psychological damage to the surviving victims

Front 6

What happens with, and what is/are the trait(s) of, "death qualified" juries?

Back 6

They tend to underestimate the severity of non-death penalties

- tend to guess defendant will be eligible for parole

- tend to believe the defendant will be able to overturn the death penalty on appeal

Front 7

What reason(s) to oppose or curtail the Exclusionary Rule are there?

Back 7

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Front 8

How, and by what doctrines, has the Supreme Court responded to limit the Exclusionary Rule?

Back 8

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Front 9

According to our lessons, what would the execution of an innocent person be an example of?

Back 9

Serious reversible error?

Wrongful execution?

Front 10

What are we to make of the fact that there are roughly 68% reversals of the sentence in death sentence cases appeal?

Back 10

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Front 11

What is/are the drawbacks of "closure" as a philosophical reason for capital punishment?

Back 11

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Front 12

Judges and scholars who call the 4th Amendment's "Exclusionary Rule" prophylactic say or do what?

Back 12

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Front 13

Certain drug cases are more likely to be lost to the Exclusionary Rule. These are what kinds of cases?

Back 13

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Front 14

What was the Supreme Court case of Payne v. Tennessee, (1991), about?

Back 14

Supreme Court reversed direction and permitted aggravating factors to come from the victim or their survivors - to say things the prosecutor wouldn't have been able to say

Front 15

What is the theory of "worker replacement" about and based on?

Back 15

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Front 16

What is/are the the central problem(s) of proving the benefits of application of "deterrence theory" in the U.S.?

Back 16

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Front 17

Critically considering the chapter on the myth that prisons are the most severe punishment, what can we properly and logically conclude?

Back 17

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Front 18

Which category or categories of people is/are most likely to prefer non-prisons alternatives to prison?

Back 18

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Front 19

According to Michalowski's attack on the "myth that punishment reduces crime," one reason why rehabilitation was overlooked in the modern era of punishment is what?

Back 19

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Front 20

A problem, or problems, with the moral inoculation/retribution philosophy of punishment is/are what?

Back 20

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Front 21

Those who advocate for a punitive theory of retribution or moral inoculation do what, or hold what views?

Back 21

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Front 22

A critical approach to deterrence understands what about deterrence?

Back 22

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Front 23

What happened to prison rates (based on prisoners per 100,000 of the population) between 1977 and 2002?

Back 23

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Front 24

How is jail viewed by various sorts of people, including offenders in our readings?

Back 24

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Front 25

In a chapter by Wood on offender attitudes toward various punishments, what is/are the reasons given for why a convict would prefer prison to alternative punishments?

Back 25

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Front 26

The text tells us in the Michalowski chapter that in the 1960s and 70s, mainstream middle-class Americans began to feel bad about their way of life and began to doubt traditional values would continue into the future, and therefore possibly scapegoated and vented their frustrations on criminals - a group that had little political recourse to fight back. The source of this angst was due to what?

Back 26

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Front 27

The "doctrine of incorporation" is, means or refers to what?

Back 27

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Front 28

In the modern war on crime, and following calls by politicians for "getting tough on criminals," what are/were the new tools that legislatures armed prosecutors with?

Back 28

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Front 29

"Convict criminology" is or does mostly what?

Back 29

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Front 30

Are you able to identify the propositions in the chapter by Wood as to who prefers which punishments against other punishments, even if stated as to specific sentences and percentages?

You'll be given four fairly specific "propositions" of what the chapter said and expected to select the correct one.

Back 30

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Front 31

Which states have the highest and lowest percentage of their population on probation?

Back 31

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Front 32

You will be given four assertions about probation "facts" or trends, and expected to pick the correct one.

Back 32

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Front 33

Which Court constitutionally stopped the death penalty in the United States for a while because the Court found its imposition "arbitrary and capricious"?

Back 33

Furman v. Georgia, (1972)

Front 34

Which Supreme Court case stopped execution of those convicted of committing 1st degree murder who were under 18 years of age at the time of their crime?

Back 34

Roper v. Simmons, (2005)

Front 35

Which scenario among black and white perpetrators and victims is statistically most likely to receive a death sentence and be executed?

Back 35

Blacks with 5 white male jury members most likely to get death sentence