Term
| (Woodson v. NC, 1976) stated |
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Definition
| “death is qualitatively different from a sentence of imprisonment, however long” |
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Term
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Definition
Murders a peace officer or fireman acting in the lawful duty & who the person knows is a peace officer;
Intentionally commits murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or terroristic threat;
Murders for remuneration or promise of remuneration or employs another to commit murder for remuneration or promise of remuneration;
Murders while escaping or attempting to escape from a penal institution;
5. while in penal institution, murders another:
* Employed in operation of penal institution; or
* With intent to establish, maintain, participate in a combination or in the profits of a combination;
6. the person:
* While incarcerated for an offense under this section or Section 19.02, murders another, or
* While serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;
7. The person murders 1 more than 1 person
* During same criminal transaction, or
* During different criminal transactions but murders are committed pursuant to the same scheme or course of conduct, or
8. person murders an individual < 6 years of age. |
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Term
| Texas Statute for Capital Sentencing - if found guilty |
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Definition
- Bifurcated trial; i.e., sentencing guilt-innocence & sentencing phases
- Evidence of presented “as to any matter the court deems relevant to sentence …”
- Court & counsel may not inform jurors of effect of failing to agree on special issues |
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Term
| Texas Statute for Capital Sentencing - On conclusion of sentencing evidence, jurors answer: |
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Definition
1. whether there is a probability that defendant would commit criminal acts of violence that would constitute a continuing threat to society; and
2. Whether defendant actually caused the death of the deceased or did not but intend to kill the deceased or another or anticipated that a human life would be taken.
3. Whether, taking into consideration all of the evidence … there is a sufficient mitigating circumstance(s) to warrant a sentence of life imprisonment rather than death |
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Term
| Capital Sentencing: State must prove each issue ------------ |
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Definition
| “beyond a reasonable doubt” |
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Term
| Can answer “yes” only by ________ vote |
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Definition
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Term
| Can answer “no” only if ____ jurors agree |
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Definition
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Term
| If jury answered “special issues” Qs 1 & 2 “yes”, then answers: |
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Definition
3. Whether, taking into consideration all of the evidence … there is a sufficient mitigating circumstance(s) to warrant a sentence of life imprisonment rather than death.
- “life sentence” in TX now means LIFE (in TDCJ-ID) without possibility of parole/release. |
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Term
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Definition
If Qs 1 &2 “yes” and negative answer to Q3 → death
If “no” to either Q 1 or 2 or affirmative to Q3 → life sentence
If unable to answer any Q as necessary → life sentence |
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Term
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Definition
| judgment subject to automatic review by Court of Criminal Appeals |
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Term
| how many states have death penalty? |
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Definition
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Term
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Definition
| Mental Retardation and Death Penalty |
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Term
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Definition
| Death penalty and juveniles |
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Term
| Ethical Issues: Competence |
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Definition
| APA Ethical guidelines. Must be knowledgeable re informed consent, special pop’s, relevant legal standards, report content, expert testimony, specialized forensic methodologies, limitations, etc. |
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Term
| Ethical Issues Testimony for Prosecutors in Capital Cases? |
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Definition
| no ethical prohibition; based on personal “moral scruples” as relates to objectivity |
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Term
| Ethical Issues “Team” approach |
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Definition
| often “group activity”, requiring vigilance to avoid over-identifying w/ & advocating for retaining party’s desired outcome ` objectivity to data |
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Term
| Ethical Issues Informed Consent |
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Definition
| limits to confidentiality & how information could be used (against him); defendant has right to 5th Amendment protection. Also implications re opposing side’s access to defendant or information |
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Term
| Ethical Issues Testimony re Competence To Be Executed |
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Definition
no ethical consensus or prohibition; again personal moral decision w/ consideration to objectivity
Provide Treatment |
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Term
| Ethical Issues Provide Treatment To Those Found incompetent To Be Executed |
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Definition
| AMA (1995) states ethically unacceptable unless “to relieve extreme suffering.” Complex issue; not withstanding AMA, personal moral decision |
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Term
| Nature of Assesments in capital cases : parameters |
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Definition
| typically: (1) relevant aggravating & mitigating factors present & (2) likelihood of future violence; MH most appropriate to mitigation & violence risk |
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Term
Nature of Assessments in Capital Cases
Mental State at Time of Offense |
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Definition
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Term
Mitigation
Nature of Assessments in Capital Cases |
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Definition
| ~ Lockett v. Ohio (1978) allows broad latitude |
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Term
| Criminal responsibility (guilt-innocence phase): |
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Definition
Wrongful awareness
Purposeful behavior
Volition |
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Term
| Moral culpability (sentencing phase): |
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Definition
* formative & situational influences *
* associated risk factors for adverse outcomes* |
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Term
| Divergent sentencing theories among prosecution & defense |
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Definition
Prosecution → operation of willful choices ~ “evil”
Defense → deterministic ~ biopsychosocial factors underlie (violent criminal behavior … and apply those factors to analysis of defendant’s moral culpability |
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Term
Current Methodology
Violence Risk Assessment |
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Definition
Past patterns in similar context
Base rate anchors
Risk management adjustments |
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