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.

Executing the Mentally Ill

Executing the Mentally Ill
Author: Kent S. Miller
Publisher: SAGE Publications
Total Pages: 217
Release: 1993-06-25
Genre: Social Science
ISBN: 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

A Descending Spiral

A Descending Spiral
Author: Marc Bookman
Publisher: The New Press
Total Pages: 237
Release: 2021-06-15
Genre: Social Science
ISBN: 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.

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.

Crime, Punishment, and Mental Illness

Crime, Punishment, and Mental Illness
Author: Patricia Erickson
Publisher: Rutgers University Press
Total Pages: 240
Release: 2008-07-18
Genre: Social Science
ISBN: 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.

Ill-equipped

Ill-equipped
Author: Sasha Abramsky
Publisher:
Total Pages: 230
Release: 2003
Genre: Political Science
ISBN:

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Recommendations -- Background -- Who are the mentally ill in prison? -- Mental illness and women prisoners -- Systems in transition -- Difficulties mentally ill prisoners face coping in prison -- Inadequate responses and abuses by correctional staff -- Inadequate mental health treatment in prisons -- Insufficient provision of specialized facilities for seriously ill prisoners -- Case study: Alabama, a system in crisis -- Mentally ill prisoners and segregation -- Suicide and self-mutilation -- Failure to provide discharge services -- Legal standards.

Living on Death Row

Living on Death Row
Author: Hans Toch
Publisher: American Psychological Association (APA)
Total Pages: 0
Release: 2018
Genre: Psychology
ISBN: 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
Author: John Grisham
Publisher: Anchor
Total Pages: 409
Release: 2010-03-16
Genre: True Crime
ISBN: 0307576019

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#1 NEW YORK TIMES BESTSELLER • 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 John Grisham’s first work of nonfiction: a true crime masterpiece that tells the story of small town justice gone terribly awry. In the Major League draft of 1971, the first player chosen from the state of Oklahoma was Ron Williamson. When he signed with the Oakland A’s, he said goodbye to his hometown of Ada and left to pursue his dreams of big league glory. Six years later he was back, his dreams broken by a bad arm and bad habits. He began to show signs of mental illness. Unable to keep a job, he moved in with his mother and slept twenty hours a day on her sofa. In 1982, a twenty-one-year-old cocktail waitress in Ada named Debra Sue Carter was raped and murdered, and for five years the police could not solve the crime. For reasons that were never clear, they suspected Ron Williamson and his friend Dennis Fritz. The two were finally arrested in 1987 and charged with capital murder. With no physical evidence, the prosecution’s case was built on junk science and the testimony of jailhouse snitches and convicts. Dennis Fritz was found guilty and given a life sentence. Ron Williamson was sent to death row. If you believe that in America you are innocent until proven guilty, this book will shock you. If you believe in the death penalty, this book will disturb you. If you believe the criminal justice system is fair, this book will infuriate you. Don’t miss Framed, John Grisham’s first work of nonfiction since The Innocent Man, co-authored with Centurion Ministries founder Jim McCloskey.

Mental Disorder and Crime

Mental Disorder and Crime
Author: Sheilagh Hodgins
Publisher: SAGE Publications, Incorporated
Total Pages: 400
Release: 1992-12-29
Genre: Psychology
ISBN: 9780803950238

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Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.

Insane

Insane
Author: Alisa Roth
Publisher: Basic Books
Total Pages: 320
Release: 2018-04-03
Genre: Law
ISBN: 0465094201

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An urgent exposéf 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.