This research paper is on mentally retarded (intellectually disabled) offenders and the death penalty. The death penalty is the highest punishment handed to criminals. Capital punishment plays an emotional role in the United States; it affects ethics and questions cruelty in our society. In this paper, I delve into what the death penalty is, the difference between mentally retarded and mentally ill offenders, also, how past court cases have shaped and impacted the death penalty today regarding its sensitive issues. The amalgamation of adult crime, juvenile crime, sexual offenses, murder, the mentally ill and mental retardation can lead to potential complications on what is justified as right, regarding the death penalty. Furthermore, some agree …show more content…
Implicating that some people are for it while others are opposed to it. Crime itself will never come to a halt, we can only slow it down (deterrence) and create safer neighborhoods by enforcing more austere laws. The death penalty is the ultimate punishment for the act of a crime. Yet murders and other horrendous crimes still occur, leading to some states banning the death penalty. Throughout the years, the procedure of the death penalty and executing a person has become longer and more complex process, in order to avoid the execution of an innocent person. The situation becomes even more complicated when we add mentally retarded offenders to a case. Mental retardation is now referred to as “intellectual disability” and it relates to adaptive behavior and intellectual functioning. Intellectual disability is a sensitive topic. For example, imagine if someone in your family was murdered and the person who committed the crime was arrested but that person is intellectually disabled. The offender will not be treated or charged as a normal person would. Leaving the grieving family with mixed emotions. Crimes involving children who have been sexually abused or a murder by a mentally retarded person can be tough to swallow, especially knowing that the offender will be receiving some sort of special …show more content…
Mental retardation is a disability that occurs either in the womb, at birth or during childhood, before the age of eighteen. When these individuals become criminals by law, is it fair to treat them the same way we would treat a criminal with an average IQ, who revel in the crime and receive pleasure from evil? The death penalty as a whole is a very delicate situation. According to Lee and Hall (2017), “Although the death penalty was viewed as an acceptable form of punishment at the time the U.S. Constitution was created, it did not take long for various states to begin to limit or even ban such practices” (p.
The death penalty is a controversial topic in the United States today and has been for a number of years. The death penalty was overturned and then reinstated in the United States during the 1970's due to questions concerning its fairness. The death penalty began to be reinstated slowly, but the rate of executions has increased during the 1990's. There are a number of arguments for and against the death penalty. Many death penalty supporters feel that the death penalty reduces crime because it deters people from committing murder if they know that they will receive the death penalty if they are caught. Others in favor of the death penalty feel that even if it doesn't deter others from committing crimes, it will eliminate
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
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.
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.
There are laws and decisions of United States government and higher orders that present controversy to the people of America. In the state of Texas the application of the death penalty is difficult to interpret, especially for the mentally ill, because there is no written law or bill that explains the execution implication in complete detail. The death penalty is a capital punishment of death for those who have committed such high crime. This penalty goes for everyone who does such act no matter who you are, how rich how poor, or where you stand in society. For the longest time, even with the mindset and understanding that those who commit crime to a certain level can receive the execution punishment, the concern and debate whether the mentally
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).
In the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately
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
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.
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
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
According to the statement in Article 1 of the Universal Declaration of Human Rights, “that [a]ll human beings are born free and equal in dignity and rights,” contained no footnote that stated, “except for persons with an intellectual disability.” In fact, in 1971, The U.N. General Assembly had adopted without a dissenting vote a Declaration on the Rights of Mentally Retarded Persons that stated, in seven articles, “that persons with mental retardation (formally termed), deserve the same rights as other human beings, including the right to a decent standard of living,
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.
Many are disturbed by the execution of mentally challenged or incompetent criminals. The U.S Supreme Court on June 20, 2002 declared that the execution of the mentally challenged is unconstitutional, as well as cruel and unusual punishment. The “criminal” is usually pardoned when further evidence comes out. An incident of this happening is the case of David Vasquez. David Vasquez was arrested for the murder of a woman who was killed in her Arlington County, Virginia home. She was sexually assaulted and then hung. Vasquez, who was borderline mentally retarded, had reportedly confessed to the crime, allegedly supplying details not released to the public. Additionally, Vasquez could not provide an alibi and was placed near the scene of the crime by two eyewitnesses. Investigators also found pubic hairs that visually resembled those of Vasquez. Vasquez’s attorneys argued that the interrogations were tainted because of his lower than normal intelligence. Friends said that he reacts to the world like a young child and that he is easily flustered under pressure. He was described in court as having “borderline retarded/low normal” intelligence. He was so scared of being executed that he pled guilty to a crime he did not commit.