Question 1

Only 1-2% of all people eligible to receive the death penalty in the United States are executed.

Accepted Answer

This statistic is accurate. According to the Death Penalty Information Center, out of the 2,591 people who were sentenced to death between 1973 and 2020 in the US, only 173 (6.7%) were actually executed.

Question 2

A majority of persons executed under post-Furman statutes have been black.

Accepted Answer

Although there has been significant racial disparity in the application of the death penalty in the United States, the majority of persons executed since the Furman v. Georgia decision in 1972, which led to a temporary moratorium on the death penalty, have been white, not black.

Question 3

The principal form of discrimination that currently exists in the administration of capital punishment is offender-based racial discrimination.

Accepted Answer

The answer of The principal form of discrimination that currently...

Question 4

The principal source of discrimination in the administration of capital punishment is probably the prosecutor's decision to charge a person with a capital crime.

Accepted Answer

Studies have shown that prosecutors are more likely to seek the death penalty for cases involving Black defendants and cases involving victims who are white. This racial bias at the charging stage of the process can result in significant disparities in who receives the death penalty.

Question 5

In Florida under a post-Furman statute, prosecutors were found to "upgrade" and "downgrade" capital cases depending on the race of the offender and the victim.

Accepted Answer

In the case of McCleskey v. Kemp (1987), it was found that in Georgia prosecutors were more likely to seek the death penalty if the defendant was black and the victim was white, and less likely if the defendant was white and the victim was black. However, similar evidence was presented in the case of Hitchcock v. Dugger (1987) in Florida, where prosecutors were found to "upgrade" and "downgrade" capital cases depending on the race of the offender and the victim. These practices were deemed unconstitutional.

Question 6

Research shows that the more negative information about a capital offender a potential juror was exposed to by the media, the more likely the potential juror was willing to convict the offender prior to his or her death penalty trial.

Accepted Answer

This statement is supported by research findings.

Question 7

Judges are reluctant to grant change of venue motions even when prejudicial publicity has been extensive, community awareness of the crime is very high, and there is significant prejudgment of the case in the communities where the trial is to be held.

Accepted Answer

While judges are not required to grant change of venue motions, they may do so if the circumstances warrant it. However, they are often reluctant to do so because it can be seen as a sign of weakness in the justice system and can create logistical difficulties for the court. Even in cases where there has been extensive prejudicial publicity and high community awareness of the crime, judges may still deny a change of venue motion if they believe an impartial jury can be selected and fair trial held in the original venue.

Question 8

Research reveals that potential jurors often claim that they can be impartial, even when they know they have been exposed to negative pretrial publicity that has prejudiced their opinion of the defendant.

Accepted Answer

This is true. Research has shown that potential jurors often overestimate their ability to be impartial despite being exposed to negative pretrial publicity.

Question 9

Research indicates that the biasing effects of pretrial publicity are reduced by judicial instructions to ignore it.

Accepted Answer

Research has shown that judicial instructions to ignore pretrial publicity often have limited effectiveness in reducing its biasing effects. Jurors may not easily disregard information they have already learned, and such instructions can sometimes even make the publicity more salient, potentially increasing its impact.

Question 10

Research shows that potential jurors can be prejudiced by the responses of other potential jurors during voir dire and, in an effort to be seated or excused, may structure their answers to questions based on the reactions of judges and trial attorneys to the responses to the same questions asked of other potential jurors.

Accepted Answer

This statement is true according to research.

Question 11

Many capital jurors believe the defendant should be sentenced to death, before the penalty phase of the trial begins.

Accepted Answer

This is because capital jurors have already determined the defendant's guilt beyond a reasonable doubt and believe that the severity of the crime warrants the death penalty.

Question 12

Moral disengagement of capital jurors is reduced by legal doctrine that allows detailed discussion during the penalty phase of prison conditions or future prospects should the defendant be sentenced to life imprisonment without opportunity of parole.

Accepted Answer

Moral disengagement of capital jurors is not necessarily reduced by allowing detailed discussion of prison conditions or future prospects during the penalty phase. Jurors' decisions can be influenced by a variety of factors, including emotional responses, perceptions of the defendant's character, and attitudes towards the death penalty, rather than detailed discussions of prison life.

Question 13

Moral disengagement of capital jurors is reduced by legal doctrine that allows the telling jurors of the details of the execution the defendant may experience if sentenced to death and how that execution may affect his family and friends.

Accepted Answer

This statement is not supported by research. In fact, some studies have shown that providing details of the execution process can actually increase moral disengagement among capital jurors.

Question 14

Research shows that when jury instructions are poorly understood, black defendants benefit from the incomprehension, while white defendants are punished for it.

Accepted Answer

Research generally indicates that poorly understood jury instructions can negatively impact all defendants, regardless of race, by potentially leading to confusion and misapplication of the law, rather than benefiting or disadvantaging defendants based on race.

Question 15

Research shows that most jurors are skeptical about an execution ever being carried out after a death sentence is imposed.

Accepted Answer

Studies have shown that the majority of jurors believe that there is a low probability of an execution actually occurring after a death sentence is imposed.

Question 16

Established legal doctrine presumes that jurors understand and follow judges' instructions, even when they do not.

Accepted Answer

This is known as the "presumption of jury comprehension" and it is a fundamental assumption in the American legal system. However, in some cases, jurors may still fail to understand or follow the instructions given by the judge.

Question 17

Long-standing legal doctrine allows jurors to research on their own the meanings of key terms about which they are confused.

Accepted Answer

Jurors are not allowed to do their own research, as they are expected to rely solely on the evidence presented in court and the instructions given by the judge. Doing their own research can lead to biased or incorrect information, which would compromise the fairness of the trial.

Question 18

Research shows that jurors regard exactly the same mitigating and aggravating evidence very differently depending on whether it was offered in a case in which the defendant was white as opposed to one in which he was African American.

Accepted Answer

This statement is supported by research and numerous studies have shown that racial bias can impact how jurors interpret and weigh mitigating and aggravating evidence in criminal cases.

Question 19

Research shows that testimony that the defendant was abused as a child, had untreated psychological problems, and was a drug abuser is significantly more mitigating for white defendants than it is for black defendants.

Accepted Answer

Studies have shown that stereotypes and biases can affect how jurors weigh evidence and evaluate the credibility of witnesses, particularly when it comes to the race of the defendant. Testimony about factors that might lessen culpability, such as a history of abuse or addiction, may be viewed as more mitigating for white defendants than black defendants, even if the circumstances are the same. This is an example of how racial disparities can manifest in the criminal justice system.

Question 20

Evidence from the Capital Jury Project shows that in black defendant/white victim cases, a death sentence is imposed more than ten times as often if there are at least three white males on the jury.

Accepted Answer

The answer of Evidence from the Capital Jury Project shows...

Quiz 10: Arbitrariness and Discrimination in the Administration of the Death Penalty