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Mental Disability And The Death Penalty
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Book Synopsis Mental Disability and the Death Penalty by : Michael L. Perlin
Download or read book Mental Disability and the Death Penalty written by Michael L. Perlin and published by Rowman & Littlefield Publishers. This book was released on 2013-01-17 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.
Book Synopsis The Death Penalty and Intellectual Disability by : Edward A. Polloway
Download or read book The Death Penalty and Intellectual Disability written by Edward A. Polloway and published by . This book was released on 2013-08-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Let the Lord Sort Them by : Maurice Chammah
Download or read book Let the Lord Sort Them written by Maurice Chammah and published by Crown. This book was released on 2022-01-18 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.
Book Synopsis A Descending Spiral by : Marc Bookman
Download or read book A Descending Spiral written by Marc Bookman and published by The New Press. This book was released on 2021-06-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful, wry essays offering modern takes on a primitive practice, from one of our most widely read death penalty abolitionists As Ruth Bader Ginsburg has noted, people who are well represented at trial rarely get the death penalty. But as Marc Bookman shows in a dozen brilliant essays, the problems with capital punishment run far deeper than just bad representation. Exploring prosecutorial misconduct, racist judges and jurors, drunken lawyering, and executing the innocent and the mentally ill, these essays demonstrate that precious few people on trial for their lives get the fair trial the Constitution demands. Today, death penalty cases continue to capture the hearts, minds, and eblasts of progressives of all stripes—including the rich and famous (see Kim Kardashian’s advocacy)—but few people with firsthand knowledge of America’s “injustice system” have the literary chops to bring death penalty stories to life. Enter Marc Bookman. With a voice that is both literary and journalistic, the veteran capital defense lawyer and seven-time Best American Essays “notable” author exposes the dark absurdities and fatal inanities that undermine the logic of the death penalty wherever it still exists. In essays that cover seemingly “ordinary” capital cases over the last thirty years, Bookman shows how violent crime brings out our worst human instincts—revenge, fear, retribution, and prejudice. Combining these emotions with the criminal legal system’s weaknesses—purposely ineffective, arbitrary, or widely infected with racism and misogyny—is a recipe for injustice. Bookman has been charming and educating readers in the pages of The Atlantic, Mother Jones, and Slate for years. His wit and wisdom are now collected and preserved in A Descending Spiral.
Book Synopsis Deadly Justice by : Frank R. Baumgartner
Download or read book Deadly Justice written by Frank R. Baumgartner and published by Oxford University Press. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and--not least--the Supreme Court itself.
Book Synopsis Beyond Reason by : Human Rights Watch (Organization)
Download or read book Beyond Reason written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 2001 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Beyond Reason: The Death Penalty and Offenders with Mental Retardation" is a March 2001 document of Human Rights Watch that focuses on the execution of people with mental retardation in the United States. Human Rights Watch notes that 25 U.S. states permit capital punishment for offenders who are mentally retarded. The agency recommends that until capital punishment is completely abolished in the United States, offenders with mental retardation should be exempted from a sentence of death or execution.
Book Synopsis Slavery and the Death Penalty by : Bharat Malkani
Download or read book Slavery and the Death Penalty written by Bharat Malkani and published by Routledge. This book was released on 2018-05-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been acknowledged that the death penalty in the United States of America has been shaped by the country’s history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices’ respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists.
Book Synopsis Right Here, Right Now by : Lynden Harris
Download or read book Right Here, Right Now written by Lynden Harris and published by Duke University Press. This book was released on 2021-03-22 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon receiving his execution date, one of the thousands of men living on death row in the United States had an epiphany: “All there ever is, is this moment. You, me, all of us, right here, right now, this minute, that's love.” Right Here, Right Now collects the powerful, first-person stories of dozens of men on death rows across the country. From childhood experiences living with poverty, hunger, and violence to mental illness and police misconduct to coming to terms with their executions, these men outline their struggle to maintain their connection to society and sustain the humanity that incarceration and its daily insults attempt to extinguish. By offering their hopes, dreams, aspirations, fears, failures, and wounds, the men challenge us to reconsider whether our current justice system offers actual justice or simply perpetuates the social injustices that obscure our shared humanity.
Book Synopsis Intellectual Disability and the Death Penalty by : Marc J. Tassé Ph.D.
Download or read book Intellectual Disability and the Death Penalty written by Marc J. Tassé Ph.D. and published by Bloomsbury Publishing USA. This book was released on 2017-12-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two nationally recognized experts, this book provides a comprehensive review of the legal and clinical aspects of the death penalty as it relates to intellectual disability. First, the facts: people with intellectual disability may falsely confess to a crime because they want to please the authorities, and they are often less able than others to work with lawyers to prepare a defense. In addition, because of the stigma attached to intellectual disability, affected individuals often become adept at hiding it, even from their attorney, not understanding the condition's importance to the outcome of their case. Having explained such harsh realities and presented a comprehensive review of what intellectual disability is, the book focuses on the 2002 U.S. Supreme Court Atkins v. Virginia decision granting a death penalty exemption to individuals with intellectual disability. It outlines best practice regarding the determination of intellectual disability and discusses qualifications needed for experts in such cases. Related issues such as common misconceptions regarding people with intellectual disability, race, socioeconomic status, and the status of foreign nationals as it relates to the death penalty and intellectual disability are discussed as well. A must-have resource for prosecutors, defense lawyers, and clinicians providing expert testimony in death penalty cases, this book will also prove absorbing reading for anyone concerned about this troubling issue.
Download or read book Arbitrary Death written by Rick Unklesbay and published by Wheatmark, Inc.. This book was released on 2019-05-10 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over a career spanning nearly four decades, Rick Unklesbay has tried over one hundred murder cases before juries that ended with sixteen men and women receiving the death sentence. Arbitrary Death depicts some of the most horrific murders in Tucson, Arizona, the author's prosecution of those cases, and how the death penalty was applied. It provides the framework to answer the questions: Why is America the only Western country to still use the death penalty? Can a human-run system treat those cases fairly and avoid unconstitutional arbitrariness? It is an insider's view from someone who has spent decades prosecuting murder cases and who now argues that the death penalty doesn't work and our system is fundamentally flawed. With a rational, balanced approach, Unklesbay depicts cases that represent how different parts of the criminal justice system are responsible for the arbitrary nature of the death penalty and work against the fair application of the law. The prosecution, trial courts, juries, and appellate courts all play a part in what ultimately is a roll of the dice as to whether a defendant lives or dies. Arbitrary Death is for anyone who wonders why and when its government seeks to legally take the life of one of its citizens. It will have you questioning whether you can support a system that applies death as an arbitrary punishment -- and often decades after the sentence was given.
Book Synopsis Race, Rape, and Injustice by : Michael Meltsner
Download or read book Race, Rape, and Injustice written by Michael Meltsner and published by Univ Tennessee Press. This book was released on 2023-07-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever. The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment’s Equal Protection Clause. Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed—amazingly—to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases. This book not only tells Barrett Foerster’s and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination. A Virginia native who studied law at UCLA, BARRETT J. FOERSTER (1942–2010) was a judge in the Superior Court in Imperial County, California. MICHAEL MELTSNER is the George J. and Kathleen Waters Matthews Distinguished Professor of Law at Northeastern University. During the 1960s, he was first assistant counsel to the NAACP Legal Defense Fund. His books include The Making of a Civil Rights Lawyer and Cruel and Unusual: The Supreme Court and Capital Punishment.
Book Synopsis Mental Disability Law by : Michael L. Perlin
Download or read book Mental Disability Law written by Michael L. Perlin and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive casebook covers all areas of civil commitment law, institutional rights law, community rights law, sex offenders law, and the Americans with Disabilities Act. Mental Disability Law also explores all aspects of the criminal process, including all criminal competencies, the insanity defense, trial practice issues, sentencing and the death penalty. It is the only casebook available that considers the important factors that have shaped mental disability law -- sanism, pretextuality, heuristics and false "ordinary common sense." The third edition includes expanded new sections on therapeutic jurisprudence and international human rights law.
Book Synopsis Where Justice and Mercy Meet by : Vicki Schieber
Download or read book Where Justice and Mercy Meet written by Vicki Schieber and published by Liturgical Press. This book was released on 2013-02-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty comprehensively explores the Catholic stance against capital punishment in new and important ways. The broad perspective of this book has been shaped in conversation with the Catholic Mobilizing Network to End the Use of the Death Penalty, as well as through the witness of family members of murder victims and the spiritual advisors of condemned inmates. The book offers the reader new insight into the debates about capital punishment; provides revealing, and sometimes surprising, information about methods of execution; and explores national and international trends and movements related to the death penalty. It also addresses how the death penalty has been intertwined with racism, the high percentage of the mentally disabled on death row, and how the death penalty disproportionately affects the poor. The foundation for the church's position on the death penalty is illuminated by discussion of the life and death of Jesus, Scripture, the Mass, the Catechism of the Catholic Church, and the teachings of Pope John Paul II. Written for concerned Catholics and other interested readers, the book contains contemporary stories and examples, as well as discussion questions to engage groups in exploring complex issues.
Book Synopsis Moving Away from the Death Penalty by : Ivan Šimonović
Download or read book Moving Away from the Death Penalty written by Ivan Šimonović and published by UN. This book was released on 2014 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.
Book Synopsis Mental Disability Law by : Michael L. Perlin
Download or read book Mental Disability Law written by Michael L. Perlin and published by Lexis Law Publishing (Va). This book was released on 1998 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Executing the Mentally Ill by : Kent S. Miller
Download or read book Executing the Mentally Ill written by Kent S. Miller and published by SAGE Publications. This book was released on 1993-06-25 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an excellent primer on a subject that Americans are likely to debate for the foreseeable future. --Bimonthly Review of Law Books Unlike every other western democracy in the world, capital punishment is an active part of the criminal justice system in the United States. By the end of 1992, 2,700 men and 41 women were living under the sentence of death in America. Executing the Mentally Ill examines the compelling case of Florida death-row inmate Alvin Ford, which led the U.S. Supreme Court to rule that executions of severely psychotic death-row inmates are in violation of the Eighth Amendment′s ban on cruel and unusual punishment. But how should mental illness be defined for purposes of exemption from execution? How should mental health professionals evaluate competence for execution? What happens when the professionals disagree among themselves about the defendant′s mental health? How strong should doubts about mental status be before the execution is stopped? And what should be done with the prisoner who is found incompetent? In telling the powerful story of Ford′s history, crime, mental state, and how he was handled by the criminal justice system, the authors confront questions about modern capital sentencing and the administration of the death penalty in America today. Executing the Mentally Ill provides a thought-provoking read for students and professionals in mental health, criminal justice, and legal fields, as well as policymakers and others concerned with capital punishment. "Those seeking a clearer context for the ambiguities and dilemmas that characterize the ongoing debate over exemption of the mentally ill from execution will find valuable historical and cross-cultural references here. The case of Alvin Ford provides a new perspective for measuring the gaps between the vagueness of the criteria used by mental health professionals in determining competence and its various legal definitions. . . . An underlying message for the reader is that questioning whether mentally ill or mentally retarded death-row inmates should be executed implies questioning the use of the death penalty for anyone." --Readings: A Journal of Reviews and Commentary in Mental Health "The case of Alvin Ford, a Florida man convicted of killing a police officer during a bungled armed robbery, provides a specific focus for Miller and Radelet′s wide-ranging discussion of mental illness and the death penalty. . . . Miller is a psychologist and longstanding student of mental disability issues; Radelet is a leading contemporary authority on the death penalty. Their combined expertise provides readers with a thorough exploration of the "competence to die" issue, and they also touch on other death penalty issues such as proportionality and racial bias. . . . This book cannot, of course, decisively resolve all the issues involved in the death penalty debate, but it is a worthwhile contribution to the literature. Advanced undergraduates and above." --Choice "The life of Alvin Ford and his 17-year odyssey through Florida′s complex capital-punishment process is the subject of Executing the Mentally Ill. In telling this fascinating and often macabre story, professors Miller and Radelet expose an inherent and often ignored moral dilemma with capital punishment. The book provides compelling empirical support for the dictum that ′though the justice of God may indeed ordain that some should die, the justice of man is altogether and always insufficient for saying who these may be′ (Black, 1974, p. 96). The authors also use the Ford case to examine other important issues about the death penalty in the United States including racism and ineffective assistance of counsel. This well-documented volume should appeal both to an academic audience and to the general public." --Robert M. Bohm, Ph.D., University of North Carolina "Over the last five years, I have reviewed about a dozen books, mostly for university presses, and found this particular piece to be the most well-written and well-researched document to date. The scholarship is sound and ′workmanlike.′ I was impressed with the authors′ scholarship and ability to apply a wide range of data (e.g. psychiatric testimony, appellate decisions, interviews, and personal letters) to a critical social issue that will continue to haunt our society: the execution of the mentally ill offender. This book makes a very important contribution to the literature in psychology and the law. The book could be used as a supplementary text in criminal justice programs, sociology, psychology, law, and public policy. This book should be read by every appellate-level judge, felony district-court judge, prosecutor, and defense attorney in America. It leads the way in clarifying the practical, moral, and ethical issues. Legislators should also read this account." --James W. Marquart, Ph.D., Sam Houston State University "It is an important book, addressing an area that has only recently become the focus of much attention for mental health professionals. Miller and Radelet have undertaken a comprehensive and carefully articulated look at the issue of competency for execution and the way in which it affects mental health professionals, interwoven as it is with the politics of capital punishment." --Kirk Heilbrun, Ph.D., Department of Mental Health, Mental Retardation, and Substance Abuse Services, Central State Hospital, Virginia
Book Synopsis Intellectual Disability and the Death Penalty by : Marc J. Tassé Ph.D.
Download or read book Intellectual Disability and the Death Penalty written by Marc J. Tassé Ph.D. and published by . This book was released on 2023-12-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing key information for students or professionals in the fields of criminology, education, psychology, law, and law enforcement, this book documents the legal and clinical aspects of the issues related to intellectual disability and the death penalty. Written by two nationally recognized experts, this book provides a comprehensive review of the legal and clinical aspects of the death penalty as it relates to intellectual disability. First, the facts: people with intellectual disability may falsely confess to a crime because they want to please the authorities, and they are often less able than others to work with lawyers to prepare a defense. In addition, because of the stigma attached to intellectual disability, affected individuals often become adept at hiding it, even from their attorney, not understanding the condition's importance to the outcome of their case. Having explained such harsh realities and presented a comprehensive review of what intellectual disability is, the book focuses on the 2002 U.S. Supreme Court Atkins v. Virginia decision granting a death penalty exemption to individuals with intellectual disability. It outlines best practice regarding the determination of intellectual disability and discusses qualifications needed for experts in such cases. Related issues such as common misconceptions regarding people with intellectual disability, race, socioeconomic status, and the status of foreign nationals as it relates to the death penalty and intellectual disability are discussed as well. A must-have resource for prosecutors, defense lawyers, and clinicians providing expert testimony in death penalty cases, this book will also prove absorbing reading for anyone concerned about this troubling issue.
