The tittle “The Death Penalty: Justice for None” the author provokes a feeling to the readers of compassion and empathy making it seem like the death penalty is completely ignorant and wrong no matter what the consequence of the criminal is. The authors opinion about the death penalty is that the death penalty in the united states shouldn’t even be considered an option because it is cruel and unjust.…
I believe that government cannot punish someone who does not know the difference between good and bad or cause and effect, because punishment would be worthless since the problem is in a one’s own mental. In support, Atkins v. Virginia was a Supreme Court closed on 2001 that states “executing people with intellectual disabilities violates the eighth amendment’s ban on cruel and unusual punishments, but states can define who has intellectual disability”. This states that Wanda Jean Allen would have had a chance of mental rehabilitation or life in prison if court officials would have not bypassed her mental state. However, I still believe Wanda Jean would murder again because mental flaws are permanent. This can be heard in Allen’s last phone call before she was transported to the execution department, Allen was still very joyful and hope without expressing mercy of her own upcoming…
A previous court case named Hall v. Florida set the precedent that a court can not compare the alleged criminal’s IQ to that of someone who is mentally challenged. Since an intelligence test can not be used, state governments are left to make their own determination of what conditions need to be met in order to be considered mentally disabled. Thus, Texas, although using an old definition, has the right to hold Bobby Moore to the standard which they have determined as legally “mentally retarded”. Another case which would compel the Supreme Court to let Texas make the decision of Bobby Moore being mentally competent enough to be executed is Patterson v. Dretke. In this case, Patterson was diagnosed with a mental illness, but the Texas court still deemed him competent enough to be put on death row.…
Since 1988, I have been active in cases involving the death penalty and offenders with mental retardation. Because of serious concerns about these individuals, and from several experiences in this arena, I have written and coauthored articles on mental retardation and criminal justice, most of which deal with cases of Death Row inmates who have mental retardation. One of these articles (Keyes, Edwards, & Perske, 1997) was subsequently cited by the United States Supreme Court in the Atkins v. Virginia case (2002). No matter one’s opinion about the death…
Apart from a short time in the mid-to-late 20th century when a freeze on capital punishment was ordered by the U.S. Supreme Court, this system of punishment has been in constant use in the United States for most of its history. Proponents and opponents have always been at odds over whether the practice should be continued or abolished completely. Lining up on one side are those who believe that the practice deters crime and is cheaper than warehousing a criminal for life in a maximum-security prison and lining up on the other side are those that believe the practice is inhumane and fraught with inconsistencies which make it antiquated and a barbaric form of punishment. Even though the United States…
The Execution of Wanda Jean is a compelling documentary based on a convicted murderess name Wanda Jean Allen who was sentenced to death in 1989 after shooting her lover Gloria Leathers, whom she met in prison while serving for time in prison for another killing. This documentary shows how the state of Oklahoma continues to execute Wanda Jean to the death penalty in which she had a low IQ, bordering on mental retardation. With the help of family, friends and her legal team, Wanda files for clemency but the Clemency Board denies her plea. Although Oklahoma’s decision may seem to be cruel, I think there are many factors in which why she should of received the death penalty.…
Mark George indicates in his article The Relevance of The Eight Amendment to the US Death Penalty in the 21st Century, that people with mental retardation faced high risks of wrongful convictions because they might make wrongful of false confessions. The case of Atkins v. Virginia is a clear example of cruel and unusual punishment. In 1996, the American Association of Mental Retardation declared Atkins mentally incapable. However, the court sentenced him to capital punishment. It wasn’t until 2001 that Atkins was exonerated of capital punishment due to his mental condition.…
Following the Revolutionary War, many tribulations arose in the newly independent thirteen colonies. Problems such as disunity, slavery, foreign/interstate relations, land disputes, and national debt led to the formation of the Articles of Confederation in 1777. America's first constitution, however, only lasted ten years until fifty-five delegates met in Philadelphia with the same common purpose: to preserve the American union, protect the American democracy from abroad, and curb the unrestrained social reformation rampant in other states.…
So what is mental illness? Mental illness can be described in a variety of ways. The American Heritage Dictionary (4th edit., 2000) describes it as: "Any of various conditions characterized by impairment of an individual's normal cognitive, emotional, or behavioral functioning, and caused by social, psychological, biochemical, genetic, or other factors, such as infection or head trauma. Also called emotional illness, mental disease, mental disorder." Insanity or mental incompetency is a severe form of mental illness and is addressed separately by the legal system. Inmates who are insane, that is, so out of touch with reality that they do not know right from wrong and cannot understand their punishment or the purpose of it, are exempt from execution. The Supreme Court held in Ford v. Wainwright (477 U.S. 399 (1986)) that executing the insane is unconstitutional. However, if an inmate's mental competency has been restored, he or she can then be executed. Inmates who are intellectually disabled (mentally retarded) also cannot be executed. Inmates who are mentally ill, but not insane, have no such exemption.…
Severely mentally ill individuals may commit horrific crimes. Many believe that these crimes deserve the death penalty; however, others believe that in certain circumstances the mentally ill should be exempt from capital punishment and believe that the punishment is too extreme for those who are not fully aware of committing their crimes. Many mentally ill individuals have been executed and some are currently on death row. All the while, this controversial issue is still being debated on.…
The issue that I chose to write about in my paper is the Death Penalty. The Death Penalty has been a serious issue that has recurrently caused so much conflict in our world today. My argument is that the death penalty is very important to bring justice pertaining to murderers. This issue with the death penalty is one of the highest arguments in the United States. The death penalty is something that countless individuals do not have an unclouded opinion on. The death penalty dates all the way back to 1622.…
Today, the death penalty is an issue that has raised many questions in regards to its morality. Many people believe that the death penalty is immoral for a number of factors, some of which being the execution of innocents, the arbitrary application of the death penalty, and the racial and economic discrimination with the system. Many others believe that the death penalty is moral, for it gives people what they deserve, the criminals were fully aware of the consequences that may fall upon them, and that justice is being served for the victims and families of the victims still suffering from the actions of the criminal. In this paper I will argue that from a Deontological standpoint, the death penalty is morally just. To do this, I will first describe the basics of the theory of Deontology in general, so that you, the reader, can begin to understand some of the fundamental beliefs that Kant, the father of Deontology,…
The first factor to be considered is how bad the defendant’s mental disability is in correlation to the committed offense. If there was a chart to measure the severity of the brain then it would be a more reasonable jury ruling. Without a way to detect how damaged ones brain is could mean the difference between an electric chair and a simple probation issuing. There is no way that a defendant should be let off in any circumstance. Murder is murder damaged brain or healthy brain.…
There is a pattern of evidence indicating racial disparities in the charging, sentencing, and imposition of the death penalty according to a 1990 U.S. Government report. Racism is not the only problem with Capital Punishment. Many inmates on death row suffer from mental retardation. In fact the 1984 ECOSOC safeguards state that death penalty must not be carried out on persons who have become insane, while the ECOSOC resolution 1989/64 on the executation of the 1984 safeguards recommends that UN members states eliminate the death penalty for persons suffering from mental illness or extremely limited competence. Amnesty International has documented the cases of more than 50 prisoners suffering from mental illness who have been executed in the U.S. in the past decade. Humanitarian standards maintain that mentally impaired people should not be held criminally responsible for their acts. The prohibition against executing insane recognizes that killing people who cannot comprehend the nature and purpose of their punishment is not a deterrent or retribution. Despite all this the mentally ill are still being executed. Innocent people will be killed if the death penalty is kept in the same way that it is used today. Three hundred fifty people convicted of capital crimes in the U.S. between 1990 and 1985were innocent of the crime charged, according to a 1987 study. Some prisoners escaped execution by minutes, but 23 were not so lucky…
These obstacles make it almost impossible for the death penalty to ever be carried out. Typically, death row inmates end up dying due to other factors such as health complications rather than being put to death (Petersen & Lynch, 2012, p. 1270). Essentially sentencing someone to death, and placing them on death row is basically the same as a sentence of life in prison without the possibility of parole. The difference, however is that the sentence of life in prison without the possibility of parole carries a significantly smaller price tag for tax payers. Furthermore, with violence rampant in prisons across the nation life in prison without the possibility of parole is not exactly living a comfortable life.…