Question of the Day
Under which of the following situations would imposition of the death penalty most likely be justified in light of constitutional considerations?
(A) Defendant, a convict in prison, stabbed a prison guard to death and by statute is mandated to receive the death penalty.
(B) Defendant kidnapped and sexually assaulted a 12-year old girl, who his friends then gang raped for a week before Defendant was arrested.
(C) Defendant heinously raped his victim and then savagely beat her with a baseball bat, causing her to suffer permanent brain damage.
(D) Defendant shot and killed a police officer during an attempted bank robbery.
Click on the comment for this post to see the correct answer. Be prepared for a surprise. =) Tell me if you guessed it correctly!
posted by TurtleEater at
8:14 AM
3 Comments:
Both choice (B) & (C) are incorrect b/c "Death is indeed a disproportionate penalty for the crime of raping a woman." Choice (A) is wrong since a death penalty statute mandating the death penalty for prison inmates is unconstitutional becaues there is no meaningful opportunity for considering mitigating factors. Therefore, by process of elimination, only choice (D) is the only possible answer.
By
TurtleEater, at June 28, 2006 8:41 AM
I got it right! Wish THAT was the bar exam
By
Anonymous, at June 28, 2006 4:08 PM
Hey this is Lien. YES! I got it right! Throw all emotion and feelings out the window. Do that and, "YOU'RE FABOULOUS!"
By
Anonymous, at June 29, 2006 4:26 PM
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