Executing the Mentally Ill

Executing the Mentally Ill PDF

Author: Kent S. Miller

Publisher: SAGE Publications, Incorporated

Published: 1993-07-07

Total Pages: 216

ISBN-13: 9780803951495

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Based on the case of Alvin Ford, an American death row inmate, this thought-provoking book focuses on the issues raised when the criminal justice system attempts to apply the death penalty to the mentally impaired. Issues addressed include: the definition of mental illness for the purposes of exemption from execution; the evaluation of competence for execution by mental health professionals; the consequences of disagreements among health professionals about a defendant's mental status; and the fate of prisoners who are exempted. Ford's unique case leads the authors to examine more general issues such as the involvement of health professionals in modern capital sentencing, as well as the administration of the death penalty i

Deadly Justice

Deadly Justice PDF

Author: Frank R. Baumgartner

Publisher: Oxford University Press

Published: 2018

Total Pages: 417

ISBN-13: 0190841540

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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.

Mental Disability and the Death Penalty

Mental Disability and the Death Penalty PDF

Author: Michael L. Perlin

Publisher: Rowman & Littlefield Publishers

Published: 2013-01-17

Total Pages: 295

ISBN-13: 1442200588

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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.

A Descending Spiral

A Descending Spiral PDF

Author: Marc Bookman

Publisher: The New Press

Published: 2021-06-15

Total Pages: 237

ISBN-13: 1620976595

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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.

Crime, Punishment, and Mental Illness

Crime, Punishment, and Mental Illness PDF

Author: Patricia Erickson

Publisher: Rutgers University Press

Published: 2008-07-18

Total Pages: 240

ISBN-13: 0813545080

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Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures. In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.

Punishing the Mentally Ill

Punishing the Mentally Ill PDF

Author: Bruce A. Arrigo

Publisher: State University of New York Press

Published: 2012-02-01

Total Pages: 290

ISBN-13: 0791488438

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A powerful, sophisticated, and original critique on how the disciplines of law and psychiatry behave and on how the mental health and justice systems operate, Punishing the Mentally Ill reveals where, how, and why the identity and humanity of persons with psychiatric disorders are consciously and unconsciously denied. Author Bruce A. Arrigo contends that despite periodic and well-intentioned efforts at reform, the current law-psychiatry system functions to punish the mentally ill for being different. The book synthesizes a wide range of mainstream and critical literature in sociology, law, philosophy, history, psychology, and psychoanalysis to establish a new theory of punishment at the law-psychiatry divide. To situate the analysis, enduring psycholegal issues are explored including the meaning of mental illness, definitions and predictions of dangerousness, the ethics of advocacy, the right to community-based treatment, the logic of forensic courtroom verdicts, transcarceration, and the execution of mentally disordered offenders among others. Punishing the Mentally Ill shows that current mental disability law research, programming, and policy are seriously flawed and that wholesale reform is necessary if the goals of citizen justice, social well-being, and humanism are to be realized.

Executing the Mentally Ill

Executing the Mentally Ill PDF

Author: Kent S. Miller

Publisher: SAGE Publications

Published: 1993-06-25

Total Pages: 217

ISBN-13: 1452254222

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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

Living on Death Row

Living on Death Row PDF

Author: Hans Toch

Publisher: American Psychological Association (APA)

Published: 2018

Total Pages: 0

ISBN-13: 9781433829000

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PROSE Award Finalist for Psychology This book synthesizes scholarly reflections with personal accounts from prison administrators and inmates to show the harsh reality of life on death row.

The Innocent Man

The Innocent Man PDF

Author: John Grisham

Publisher: Anchor

Published: 2010-03-16

Total Pages: 410

ISBN-13: 0307576019

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#1 NEW YORK TIMES BESTSELLER • John Grisham’s first work of nonfiction: a true crime story that will terrify anyone who believes in the presumption of innocence. • LOOK FOR THE NETFLIX ORIGINAL DOCUMENTARY SERIES “Both an American tragedy and [Grisham’s] strongest legal thriller yet, all the more gripping because it happens to be true.”—Entertainment Weekly In the town of Ada, Oklahoma, Ron Williamson was going to be the next Mickey Mantle. But on his way to the Big Leagues, Ron stumbled, his dreams broken by drinking, drugs, and women. Then, on a winter night in 1982, not far from Ron’s home, a young cocktail waitress named Debra Sue Carter was savagely murdered. The investigation led nowhere. Until, on the flimsiest evidence, it led to Ron Williamson. The washed-up small-town hero was charged, tried, and sentenced to death—in a trial littered with lying witnesses and tainted evidence that would shatter a man’s already broken life, and let a true killer go free. Impeccably researched, grippingly told, filled with eleventh-hour drama, The Innocent Man reads like a page-turning legal thriller. It is a book no American can afford to miss. Don’t miss John Grisham’s new book, THE EXCHANGE: AFTER THE FIRM!

Insane

Insane PDF

Author: Alisa Roth

Publisher: Basic Books

Published: 2020-06-09

Total Pages: 0

ISBN-13: 9781541646476

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An urgent exposé of the mental health crisis in our courts, jails, and prisons America has made mental illness a crime. Jails in New York, Los Angeles, and Chicago each house more people with mental illnesses than any hospital. As many as half of all people in America's jails and prisons have a psychiatric disorder. One in four fatal police shootings involves a person with such disorders. In this revelatory book, journalist Alisa Roth goes deep inside the criminal justice system to show how and why it has become a warehouse where inmates are denied proper treatment, abused, and punished in ways that make them sicker. Through intimate stories of people in the system and those trying to fix it, Roth reveals the hidden forces behind this crisis and suggests how a fairer and more humane approach might look. Insane is a galvanizing wake-up call for criminal justice reformers and anyone concerned about the plight of our most vulnerable.