death pentalty
Terms
undefined, object
copy deck
- coker v. georgia
- DP not available for rape w/out murder
- greg v. georgia
- 76- juries must hear aggrivating/mitigating factors
- furman v. georgia
- 72-DP arbitraily sentenced
- lockett v. ohio
- jurors must be allowed to consider EVERY mitigating factor
- ford v. wainwright
- cant exicute crazy ass person who goes crazy on death row
- atkins v. virgina
- mentally retarded person
- roper v. simmons
- cant exicute juvinille who commited crime
- 2006 STATS
-
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 - Stat of people leave death row
- 43%-LWOP
- REMOVAL FROM DR (not exicuted)
-
Apellet ct-Lesser sentence
Clemency-
Death (natural and suicide)
52% white
41%black
6% his
1%other - Liebman et. al Study
-
2000-23 yrs of DS
68% had fixable judcial error
7 of 10 found reversable problem
7% INNOCENT - capital offenses in CO
-
treason
1st murder - 1st degree murder
- thinking about killing someone and then doing it Cls 1 felony
- 2nd degree murder
-
knowling -practially certain
class 2 felony - manslaughter
-
class 4 felon
knowinly v. recklessly
practicaly certain v. probablity - challenge for cause
- state fact in open ct. room ex: her father is a police officer
- premptory challenge
- more secrective, dont have to explain yourself yet if judge suspects race or sex are involved can deny
- witherspoon v.Illinois
- 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
- batson v. kentucky
- 86-prosecutor who dismisses a disproportionate amount of potential jurors of same race must give neutral reasons for strikes
- Ring V. Arizona
- instead of a judge imposeing DS a jury would now do so being that this violates defendants constitutional right to trial by jury
- wainwright v. witt
- 85-prospective jurors be dismissed if their views would prevent or considerable impair their ablilty to preform their functions as jurors
- woodson v. north carolina
- DP no longer mandatory for all convicted 1st degree murderers
- DP 1930-1976
-
54% Black 60% in south
86%-murder 12% rape - DP 1976-2006
-
58% whites all but 11 men
82% south - clemency
-
repreive-stay during appeal
commutation-reducation of penalty
pardon-release from consequences of crime - capital crimes
- 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
- retrobution
- punishments that are preportional to crime that are enacted by gov. and restore balance to society