1 / 1

The Application of the Death Penalty to Individuals with Mental Disabilities

In cases involving individuals with mental disabilities, there is ongoing debate about their culpability in criminal activities and the appropriateness of imposing the death penalty. While some mentally retarded persons meet the legal standards for criminal responsibility, their impairments in reasoning, judgment, and impulse control raise concerns about their moral culpability. The complexities surrounding their ability to participate in capital proceedings and the implications for justice have led to a growing consensus over whether such executions violate the Eighth Amendment's prohibition on cruel and unusual punishment.

idalee
Télécharger la présentation

The Application of the Death Penalty to Individuals with Mental Disabilities

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Those mentally retarded persons who meet the law's requirements for criminal responsibility should be tried and punished when they commit crimes. Because of their disabilities in areas of reasoning, judgment, and control of their impulses, however, they do not act with the level of moral culpability that characterizes the most serious adult criminal conduct. Moreover, their impairments can jeopardize the reliability and fairness of capital proceedings against mentally retarded defendants. Presumably for these reasons, in the 13 years since we decided Penry v. Lynaugh, 492 U. S. 302 (1989), the American public, legislators, scholars, and judges have deliberated over the question whether the death penalty should ever be imposed on a mentally retarded criminal. The consensus reflected in those deliberations informs our answer to the question presented by this case: whether such executions are "cruel and unusual punishments" prohibited by the Eighth Amendment to the Federal Constitution. 資料來源:http://walker.cqpress.com/appellatecases/Atkins2002.asp

More Related