Death Penalty Thesis

Many people may say one is a retard without knowing the truth behind the actual word. Intellectual Disability, also known as Mental Retardation, is a very serious psychological disorder that few are faced with for life. Intellectual Disability is characterized by a below-average level of intelligence (a mental ability) that lacks skills necessary for daily living. An IQ is the standard way to measure the level of intelligence one may have. Roughly 95% of humans have the IQ between 70 and 130. (Meyers and DeWall, 2014). The other five percent are either absolute genius or intellectually disabled. Being intellectually disabled can be caused in many ways

The United States, after the Supreme Court reinstated the death penalty since 1976 the state of Texas is responsible for over a third of executions in the country. However, Moore v. Texas care required grudging and unique approach because it involved a crime committed by a mentally disabled person. Because there Is a claim that the defendant has an intellectual disability the court should consider its influence on a person’s decision.

When it comes to capital punishment there are no exceptions, especially when you savagely murder an entire family. On November 15, 1959 the Clutter family was murdered in their home by two men that they did not even know. One of these men was mentally unstable, meaning that his brain did not work they way an average persons does. He committed all four murders without feeling anything emotionally. However this man was still given the death penalty along with his partner who instigated the entire thing. People who are mentally unhealthy should not be given the death penalty because it is morally wrong.

When sentencing an offender for a crime, the punishment depends on what the law is attempting to accomplish. The punishment can either be based on incapacitation, retribution, rehabilitation, deterrence, or restorative. Depending on the crime, the punishment can accomplish either one of several of them. However, when it comes to the death penalty it can be quite debatable and there are several criminal cases that came to the United States supreme court due to potential policies being violated that would prevent the offender from getting a proper conviction. One US Supreme Court case that had an issue in sentencing a defendant is Atkins v. Virginia. This case of Atkins v. Virginia (2002) is significant because it had to do with sentencing a defendant to death but was called for an appeal due to the defendant being intellectually disabled. The court case also added that executing individuals who are intellectually disabled is unconstitutional within the eighth amendment that protects against cruel and unusual punishment. When it comes to mental retardation it can have effects on the punishment and corrections system due to the level of their mental competence and how well a defendant who does have disabilities can understand the law. To better understand how mental retardation within the punishment and corrections system can influence the way they work the following should be examined and analyzed. First, the nature of the USSC case must be examined and explain why the supreme

In his memoir Just Mercy, Bryan Stevenson recounts the stories of several clients whose mental illness was ignored during their trial. Some had intellectual disabilities, others were dealing with the aftermath of severe trauma, but each one was changed in some way. Whether their reasoning had been altered or they simply did not understand what was happening, any crime they committed was closely tied to their mental state. Logically, a major detail like the defendant’s thought process and motivation behind the crime would have been discussed, but this was not the case. Any evidence of their illness was forgotten about or outright ignored by both the prosecution and the defense. When considering each crime with their mental illness in mind, sentencing the defendant to death row is needlessly cruel. Their avoidance of the topic shows a complete failure to understand how important it can be to an individual’s decision-making abilities.

In fact, people today are still displaying a higher attitude towards people with ID when referred to with politically incorrect terms (Millington & Stephen). I have gathered various sources, arguments, and studies in order to show you that it is no longer acceptable. Just because they have ID does not mean they cannot perform a task just as efficiently as someone who is neurotypical, like you and I. One article summarizes the idea that statistics have been found which offers more insight into the specific disabilities that these men and women may have (Delgado). Another article states that people with ID are at risk because of the difference between cognitive and emotional development (Morisse et. al.). A journal published by Yale states that not only does using the word “retard” offend the person who has ID; it especially offends their family, friends, and people interacting with them (Carlson). The last article recalls how “retardation” went from a clinical description to a word that insults others and also why ID is replacing mental retardation (Kennedy

Debate over capital punishment is nothing new, but it reaches a whole new level when the accused is mentally ill. The question then becomes… was the perpetrator aware of his heinous actions by knowing right from wrong at the time of the crime or was the mental illness controlling his actions? While being sympathetic to the grief and heart break of the victim’s loved ones, I believe that execution for the mentally ill should not be allowed, because often their illness makes them incapable of knowing right and wrong of their actions. Many of those with mental illnesses often go undiagnosed and untreated, either by choice or by financial circumstances, because of the stigma and general lack of understanding associated with this type of diagnosis in our society.

There are crucial factors to consider when sentencing a human being the death penalty. In the Atkins v. Virginia case, Atkins and Jones were indicted for first-degree murder (Reuters, 2017). The prosecution made Jones plea guilty, in-order to get to testify against Atkins. This made Jones eligible for the death penalty (Reuters, 2017). Atkins would have been put on death row, but a doctor interviewed his family, his correctional officers, looked at his school records, and gave him a free intelligence test. The doctor declared in court, Atkins is mentally retarded (Fabian, 2011; Reuters 2017). To help better understand the reasoning behind the Atkin’s diagnosis, The American Association of Mental Retardation defines mental retarded by, “Mental

The death penalty has been one of the most argumentive issues of our contemporary system of justice. In 1990, Tennessee was one of the first four states to exclude those with intellectual disabilities from the death penalty. It was the last Southern state to resume executions in the modern era. Since the Supreme Court reinstated the death penalty in 1978, states are permitted to have their own capital punishment laws. Capital punishment remains a legal sentence under Tennessee laws. The International Covenant on Civil and Political Rights requires that the death penalty is only implemented for the most serious crimes and never upon those who were under 18 years of age at the time of their crime. Although the death penalty is generally tolerated

In Addition, there is a chance mentally ill citizens could be convicted to death (“Facts”). According to Amnesty International and the National Association on Mental Illness, One out of every ten persons who has been executed in the United States since 1977 is mentally ill. “Many mentally ill defendants are unable to participate in their trials in any meaningful way and appear unengaged, cold, and unfeeling before the jury” (“Facts”). Many mentally ill defendants have been drugged against their will in order for them to be competent enough to be executed (“Facts”). Some states still haven’t put a ban on executing mentally ill people such as Organ, although the United States Supreme Court has declared that

Over the years there has been many debates whether the mentally handicapped should be executed or not, if found guilty of a crime. Some people agree with it, some don’t and some just don’t have an opinion about it. In this essay I will be discussing why the mentally handicapped should not be executed as it will not be morally correct or even fair. However, this does not mean that they should not be accountable and pay for the crimes they commit.

According to the Editorial Board in their opinion article on Capital Punishment, they believe that capital punishment should no longer be in existence as it is “violating the Eighth Amendment’s ban on cruel and unusual punishments” (Editorial Board, “Capital Punishment Deserves a sick Death”). Although capital punishment may be a cruel and unusual punishment and viewed as unnecessary in certain situations, I believe the Editorial Board fails to connect their supporting points to their conclusion and understand the reasoning behind capital punishment in today’s criminal justice system.

People with intellectual disabilities represent 4 to 10% of the offenders in the court system and it is higher in the juvenile court system (Davis, 2009). People with intellectual disabilities are at risk in the justice system evidenced by the way Brendan Dassey was treated when he was in custody and the treatment that he received as the trial progressed. Those with intellectual disabilities tend to be taken into custody, incarcerated, and then mistreated while in prison (Davis, 2009). Once this occurs, they tend to not get parole and may stay incarcerated longer (Davis, 2009). Another issue with the treatment of the intellectual disabled within the court system is that there is no federal standard for what IQ is defined as being intellectually

The eighth amendment is designed to protect us from cruel and unusual punishment. Conservation of the United States Constitution, and all moral ideologies have been set aside. An old form of barbaric punishment and the saying "eye for an eye" is still being widely accepted by Americans today. The old form of barbaric punishment is capital punishment. No matter how "humane" the death penalty has become, it is still the killing of another human being. When people stand outside prisons and cheer that an individual was murdered, there is a problem. When people justify the killing of another person, there

It is irrational to think that the death penalty – a remote threat at best – will avert murders committed in drug turf wars or by street-level dealers” (Bedau). This shows that the death penalty is not stopping murders from occurring. The introduction to the death penalty conducted a survey were top criminologists stated that the death penalty does not deter homicide rates (Introduction). “For 2009, the average Murder Rate of Death Penalty States was 4.9 [Murder rates by the 100,000], while the average Murder Rate of States without the Death Penalty was 2.8” (Introduction).