Intellectual Disability and the Death Penalty

Intellectual Disability and the Death Penalty
Author: Marc J. Tassé Ph.D.
Publisher: Bloomsbury Publishing USA
Total Pages: 193
Release: 2017-12-01
Genre: Psychology
ISBN:

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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.

Mental Disability and the Death Penalty

Mental Disability and the Death Penalty
Author: Michael L. Perlin
Publisher: Rowman & Littlefield Publishers
Total Pages: 295
Release: 2013-01-17
Genre: Law
ISBN: 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.

Intellectual Disability and the Death Penalty

Intellectual Disability and the Death Penalty
Author: Marc J. Tassé
Publisher: Praeger
Total Pages: 0
Release: 2017-12
Genre: Law
ISBN: 1440840148

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"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

Beyond Reason

Beyond Reason
Author: Human Rights Watch (Organization)
Publisher: Human Rights Watch
Total Pages: 51
Release: 2001
Genre: Capital punishment
ISBN:

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"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.

The Penry Penalty

The Penry Penalty
Author: Emily Fabrycki Reed
Publisher:
Total Pages: 328
Release: 1993
Genre: Social Science
ISBN:

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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.

Let the Lord Sort Them

Let the Lord Sort Them
Author: Maurice Chammah
Publisher: Crown
Total Pages: 368
Release: 2021-01-26
Genre: Law
ISBN: 1524760277

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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.

End of Its Rope

End of Its Rope
Author: Brandon Garrett
Publisher: Harvard University Press
Total Pages: 343
Release: 2017-09-25
Genre: History
ISBN: 0674970993

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An awakening -- Inevitability of innocence -- Mercy vs. justice -- The great American death penalty decline -- The defense lawyering effect -- Murder insurance -- The other death penalty -- The execution decline -- End game -- The triumph of mercy

Deadly Justice

Deadly Justice
Author: Frank R. Baumgartner
Publisher: Oxford University Press
Total Pages: 417
Release: 2018
Genre: Law
ISBN: 0190841540

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Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.

Intellectual Disability, Capital Punishment, and Social Inclusion

Intellectual Disability, Capital Punishment, and Social Inclusion
Author: Lauren Ann Ricciardelli
Publisher:
Total Pages: 360
Release: 2017
Genre:
ISBN:

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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.