45 Search Results for Legal to Execute Mentally Retarded
Thus, execution of the mentally retarded is not only illegal, but immoral as well. Sue Gunawardena-Vaughn of Amnesty International wants to expand this logic to include the mentally ill, stating, "Severely mentally ill people are not the worst of th Continue Reading...
Capital Punishment (Death Penalty) and Mentally Retarded
In July 2002, the United States Supreme Court ruled it unconstitutional to execute mentally retarded prisoners. This ruling reflects a shift in the Court's previous position, when it ruled in Continue Reading...
Support for this contention comes from the observation that male offenders too are comparatively lightly punished when domestic abuse is involved.
Other factors, however, indicate greater complexity. Streib (1990), for instance, showed that confoun Continue Reading...
Specifically, Singleton's case was denied review by the U.S. Supreme Court in 2003, and he was executed in Arkansas on January 6, 2004. As noted in the lower court's dissent: "Treating the prisoner may provide short-term relief but ultimately result Continue Reading...
For example, they should be required to complete at least 20 hours of training on brain disorders. It is ideal if consumers and family members become part of the activity and process. It must also be emphasized that, in most cases, dangerous or viol Continue Reading...
Like many other of the court's death penalty cases, Roper was a close 5-4 decision of the nine justices (p. 58)."
It is interesting to note that this decision by the Supreme Court concerning the death penalty and individuals under the age of 18 wou Continue Reading...
Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate.
Yes, the crimi Continue Reading...
" (Potter, 1999)
Supreme Court finally strikes down juvenile executions
On Mar. 1, 2005, the U.S. Supreme Court struck down once and for all juvenile executions in the United States, abandoning nations such as Nigeria, Congo, China, Pakistan and ot Continue Reading...
Supreme Court's recent decision to ban the execution of mentally challenged individuals raises important ethical issues. Judges must be able to determine if a person is indeed mentally challenged. While the legal system and psychology have made impo Continue Reading...
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventi Continue Reading...
It appears that they were not aware of the situation with Williams when it came to the mental illness and the child abuse, but it is also possible that they kept silent about the issue against an attorney that they knew to be incompetent in order to Continue Reading...
A good example is the 1985 murder of convenience store clerk Cynthia Barlieb, whose murder was prosecuted by a district attorney bent on securing execution for Barlieb's killer (Pompeilo 2005). The original trial and all the subsequent appeals force Continue Reading...
4, para.2). Therefore, the presence of an underlying mental illness that did not render a defendant unable to appreciate that he was committing a crime or compel him to commit it, may still be sufficient to mitigate the crime. Furthermore, a lack of Continue Reading...
They may know what they have done and freely confess to it, but a true understanding of what they have done is not really present.
It is somewhat like the difference between knowing that jumping off the roof and hitting the ground will hurt, and ac Continue Reading...
Moreover, in Perry v. Louisiana, 498 U.S. 38 (1990), the Court used that decision to bolster Louisiana's attempts to forcibly medicate a prisoner in order to make him death-eligible. If one agrees that the death penalty is a just penalty for one who Continue Reading...
Further, the physical well-being of everyone should be respected and there should be a guarantee that a "minimum level of material well-being, including basic [human needs], must be met by society, Peffer posits, explaining his view of Rawlsianism. Continue Reading...
Criminal Justice: The Death Penalty
Reasons for topic selection
Causes of racial prejudice and discrimination
Juvenile in delinquent society theory
Culture and values
Official and unofficial values
The effectiveness of the death penalty
The de Continue Reading...
It is clear that Mr. Moran met the legal standard for competency. Because of concerns about his competency, likely prompted by Moran's suicide attempt, the trial court had Moran examined by two psychiatrists. Both doctors found him competent. The d Continue Reading...
Death Penalty
In the city of New Orleans, murder is an epidemic; one cannot watch a local news program or read a newspaper without hearing of another murder. The deaths and their attendant toll on families and loved ones are devastating, but the im Continue Reading...
Mainstreaming
People who have severe disabilities have lived under centuries of legalized reliance and exclusion. With every law that showed the liberalizing of society's commitment to disabled people has come the realization by disabled people that Continue Reading...
U.S. has not Signed the U.N. Convention Treaty on the Rights of Children
This paper presents a detailed examination of the Treaty on the United Nations Convention on the Rights of Children. The writer explores the treaty and the nations that have s Continue Reading...
Sandra O'Connor
Sandra Day was born on March 26, 1930 in El Paso, Texas to Harry and Ada Mae, owners of the Lazy-B-Cattle ranch in Southeastern Arizona, where Sandra grew up (United States Supreme Court 2003) as an only child until she was eight. In Continue Reading...
adults have an episode or two from their youth of which they are not extremely proud. Perhaps it involved sneaking a beer (or several beers) at a social function, or lying about one's plans for the evening to get permission to attend a questionable Continue Reading...
Regardless of social status, defendants who are poorly represented by their attorneys are more likely to receive death sentences than those who are zealously represented by counsel. (in Opposition to the Death Penalty: Arbitrariness and Discriminati Continue Reading...
Death Penalty
Evolution of the Death Penalty in Supreme Court Jurisprudence
Capital punishment has been in existence for centuries. As early back as the Eighteenth Century B.C., the use of the death penalty was found in the Code of King Hammurabi ( Continue Reading...
Death Penalty for Juvenile Offenders
Supreme Court by a majority decision on March 1, 2005 in Roper v. Simmons held that death penalty for juveniles was "cruel and unusual" and as such the Eighth and Fourteenth Amendments of the U.S. Constitution fo Continue Reading...
, 2010, p. 428). In a country where Blacks represent only 13% of the population, as of 2010 they made up "twenty-eight of the fifty-seven (49%) of inmates on federal death row," Cohen writes on page 428.
Speaking of the "geography of the federal dea Continue Reading...
Death Penalty
The debate surrounding capital punishment is not as clear as one might think -- in fact, there is a great deal of gray within this debate. The actual definition is State controlled taking of a human life in response to some crime commi Continue Reading...
death penalty and minors - recent Supreme Court finding
Death Penalty was extensively applied in the olden times across the world. The modern crusade for banning of capital punishment started in the 18th century with the writings of Montesquieu and Continue Reading...
Jones relates that statement of Corrigan: "Our work suggests that the biggest factor changing stigma is contact between people with mental illness and the rest of the population. The public needs to understand that many people with mental illness ar Continue Reading...
mixed research solution to help explain just why there are so many black males in special education. The researcher supported the research questions by utilizing article, journals, observational researches, and statistical data to greatly assisted i Continue Reading...
Furthermore, while the Supreme Court has recently been proactive about protecting groups that have historically been especially vulnerable to the death penalty, such as the mentally retarded and the mentally ill, there is no reason to believe that t Continue Reading...
Execution for Committing a Non-Homicide Sex Crime
The last execution of an individual found guilty for committing a non-homicide sex crime occurred 50 years ago. The use of the death penalty against such offenders was halted partly because of claims Continue Reading...
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This article puts forward the notion that when analyzing the "...relationships between minority groups and mainstream populations," the issue of whether the use of "formal control is applied fairly and consistently between these different groups" Continue Reading...
Capital Punishment
Like abortion, the institution of capital punishment is a very divisive topic. The line dividing the supporters and opponents of capital punishment is variably drawn across political philosophies, race, sex and religion. The Gover Continue Reading...
Capital Punishment in Texas
Khalil, Samy. "Doing the impossible: Appellate reweighing of harm and mitigation in capital cases after Williams v. Taylor, with a special focus on Texas." Texas Law Review, 80(1): November 2001. Proquest Database.
In th Continue Reading...
During the games, Hitler staged elaborate ceremonies, such as a parade of ethnic Germans from all over the world. During the games, the Nazis introduced Germany as a nation reborn and dealing with the Depression in much better ways than did Western Continue Reading...
An interesting and similar development in juvenile justice is the issue of life imprisonment as a cruel and unusual sentence for juvenile offenders. This issue is addressed by Mark Sherman (2009). Sherman states that Joe Sullivan was 13 years old w Continue Reading...
In principle, the United States should follow international treaties only if it is a signatory to that specific treaty.
However, the Supreme Court of the United States cannot ignore international standards completely either. There are several reaso Continue Reading...
Life and Death: The Life Support Dilemma by Kenneth E. Schemmer M.D
Kenneth Schemmer in his thorough, thought provoking book brings to life the controversial subject of the life support issue. For years, many all over the country have pondered, "Wh Continue Reading...