The Death Penalty And Intellectual Disability

Author : Marc J. Tassé Ph.D.
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 193 pages
Book Rating : 4.01/5 ( download)

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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.

Author : Michael L. Perlin
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442200588
Total Pages : 295 pages
Book Rating : 4.86/5 ( download)

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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.

Author : Edward A. Polloway
Publisher :
ISBN 13 : 9781937604134
Total Pages : 231 pages
Book Rating : 4.36/5 ( download)

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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:

Author : Marc J. Tassé
Publisher : Praeger
ISBN 13 : 1440840148
Total Pages : 0 pages
Book Rating : 4.42/5 ( download)

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Download or read book Intellectual Disability and the Death Penalty written by Marc J. Tassé and published by Praeger. This book was released on 2017-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cover "--"Title Page "--"Copyright " -- "Contents" -- "Preface" -- "Acknowledgments" -- "Chapter 1. Intellectual Disability and How It Is Diagnosed" -- "Chapter 2. A Brief History of and Introduction to the Modern American Death Penalty" -- "Chapter 3. The Supreme Court and the Categorical Exemption from Capital Punishment for Persons with Intellectual Disability: Atkins v. Virginia" -- "Chapter 4. Atkins on the Ground: Post-Atkins Lower Court Decisions" -- "Chapter 5. Assessing Intellectual Functioning" -- "Chapter 6. Assessing Adaptive Behavior" -- "Chapter 7. Assessing the Age of Onset" -- "Chapter 8. Expert Witnesses" -- "Chapter 9. The Future of Atkins

Author : Human Rights Watch (Organization)
Publisher : Human Rights Watch
ISBN 13 :
Total Pages : 51 pages
Book Rating : 4./5 ( download)

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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.

Author : Emily Fabrycki Reed
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.41/5 ( download)

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Download or read book The Penry Penalty written by Emily Fabrycki Reed and published by . This book was released on 1993 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This source book adds a new dimension to the issue of execution of people with mental retardation. The author offers solutions to the problems of equity and justice that the Supreme Court created in its 1989 ruling on Penry v. Lynaugh.

Author : Maurice Chammah
Publisher : Crown
ISBN 13 : 1524760277
Total Pages : 368 pages
Book Rating : 4.74/5 ( download)

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Download or read book Let the Lord Sort Them written by Maurice Chammah and published by Crown. This book was released on 2021-01-26 with total page 368 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.

Author : Brandon Garrett
Publisher : Harvard University Press
ISBN 13 : 0674970993
Total Pages : 343 pages
Book Rating : 4.91/5 ( download)

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Download or read book End of Its Rope written by Brandon Garrett and published by Harvard University Press. This book was released on 2017-09-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, death sentences in the U.S. are as rare as lightning strikes. Brandon Garrett shows us the reasons why, and explains what the failed death penalty experiment teaches about the effect of inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments throughout the criminal justice system.

Author : Frank R. Baumgartner
Publisher : Oxford University Press
ISBN 13 : 0190841540
Total Pages : 417 pages
Book Rating : 4.46/5 ( download)

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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.

Author : Lauren Ann Ricciardelli
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.99/5 ( download)

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Download or read book Intellectual Disability, Capital Punishment, and Social Inclusion written by Lauren Ann Ricciardelli and published by . This book was released on 2017 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court's Atkins v. Virginia (2002) decision exempted capital defendants with intellectual disability (ID) from execution. In its decision, the U.S. Supreme Court asked states to generally conform to clinical standards. However, states vary greatly on legal definitions of ID and capital procedures, such as standard of proof. When states use a standard of proof of ID that is higher than the lowest, capital defendants with ID are placed at an increased risk for unlawful execution. The overarching purpose of this dissertation is to understand the policy, practice, and research implications of high standards of proof of ID for the social inclusion of persons with ID. Chapter 2 was a secondary data analysis that used publicly available records. The purpose of Chapter 2 was to explore the differences between states' death penalty statuses and standards of proof of ID across social inclusion factors. The overall findings were that states do not differ on social inclusion factors by death penalty status alone, and that states using a standard of proof higher than the lowest were less socially inclusive than states using the lower standard or no standard. Chapter 3 was a theoretically driven, single-case study that explained why Georgia remains the only state to implement the highest standard of proof. To answer this question, I conducted interviews with key informants in the public sector. I also obtained and transcribed a two-hour long legislative hearing that occurred in 2013 on Georgia's standard of proof. I used the impressionist narrative tale and constant comparative methods to develop themes and dimensions. Themes and dimensions were used to inform nine recommendations that address the lack of information or misinformation presented in the 2013 legislative hearing. Chapter 4 was a policy analysis that used a value-critical approach to examine the standard of proof of ID within Georgia's 1988 statute. I presented findings across the social history context, the judicial context, and the economic context. I then provided a justification for the recommendation to clinically evaluate death row inmates in Georgia for ID.