Exam 12: The Death Penalty
For each of the following scenarios, use case law to explain whether the situations are reasonable to end in the death penalty:
● The prosecution uses peremptory challenges to exclude black jurors based on their ambivalence or opposition to the death penalty.
● A person is charged with the aggravated rape of a 13-year-old.
● A prisoner has an IQ of 71 and has committed a murder in a state that requires an IQ of 70 or below to be determined as mentally impaired.
1. The prosecution uses peremptory challenges to exclude black jurors based on their ambivalence or opposition to the death penalty.
In the case of Batson v. Kentucky (1986), the Supreme Court ruled that it is unconstitutional to use peremptory challenges to exclude potential jurors based on their race. This means that if the prosecution is excluding black jurors solely because of their race, it would not be reasonable for the situation to end in the death penalty. The use of peremptory challenges in this manner would violate the defendant's rights to a fair trial and equal protection under the law.
2. A person is charged with the aggravated rape of a 13-year-old.
In the case of Kennedy v. Louisiana (2008), the Supreme Court ruled that the death penalty is not a reasonable punishment for the crime of rape, particularly when the victim is not killed. Therefore, it would not be reasonable for the situation to end in the death penalty for the charge of aggravated rape of a 13-year-old.
3. A prisoner has an IQ of 71 and has committed a murder in a state that requires an IQ of 70 or below to be determined as mentally impaired.
In the case of Atkins v. Virginia (2002), the Supreme Court ruled that it is unconstitutional to execute a person who is intellectually disabled. The Court held that individuals with intellectual disabilities are less culpable for their actions and less able to understand and process the consequences of their actions. Therefore, if the prisoner has an IQ of 71 and is considered intellectually disabled, it would not be reasonable for the situation to end in the death penalty, especially in a state that sets the threshold for intellectual disability at an IQ of 70 or below.
In death penalty cases, the Supreme Court has held that the Eighth Amendment does not require that a jury be instructed as to the consequences of their failure to agree.
True
The Supreme Court held that a statute that provided too limited a range of mitigating circumstances is constitutional.
Which of the following Supreme Court cases ruled that the death penalty was considered cruel and unusual punishment for the mentally impaired?
When did the Supreme Court last directly address judicial hanging?
The Eighth Amendment bars the imposition of the death penalty for the rape of a child.
Which standard must be used when determining whether a specific action violates the Eighth Amendment?
Rhines v. Weber held stay and abeyance should be available only in limited circumstances.
What was Congress' goal in passing the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)?
In response to the Furman decision, the majority of states enacted modified death penalty statutes.
In death penalty cases, victim impact statements are not acceptable.
When is a stay and abeyance appropriate for a district court to use?
Trop v. Dulles established the "evolving standard of decency" standard.
In __________ (a rape case), the Supreme Court ruled that the death penalty can only be valid in cases that result in the death of a victim.
In __________, the Supreme Court ruled that a petitioner must prove the decisionmakers in his/her case acted with discriminatory purpose.
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