The Death Penalty and Intellectual Disability
Author | : Edward A. Polloway |
Publisher | : |
Total Pages | : 231 |
Release | : 2013-08-01 |
Genre | : Medical |
ISBN | : 9781937604134 |
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Author | : Edward A. Polloway |
Publisher | : |
Total Pages | : 231 |
Release | : 2013-08-01 |
Genre | : Medical |
ISBN | : 9781937604134 |
Author | : Michael L. Perlin |
Publisher | : Rowman & Littlefield Publishers |
Total Pages | : 295 |
Release | : 2013-01-17 |
Genre | : Law |
ISBN | : 1442200588 |
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 | : Rick Unklesbay |
Publisher | : Wheatmark, Inc. |
Total Pages | : 162 |
Release | : 2019-05-10 |
Genre | : Law |
ISBN | : 1627876812 |
Over a career spanning nearly four decades, Rick Unklesbay has tried over one hundred murder cases before juries that ended with sixteen men and women receiving the death sentence. Arbitrary Death depicts some of the most horrific murders in Tucson, Arizona, the author's prosecution of those cases, and how the death penalty was applied. It provides the framework to answer the questions: Why is America the only Western country to still use the death penalty? Can a human-run system treat those cases fairly and avoid unconstitutional arbitrariness? It is an insider's view from someone who has spent decades prosecuting murder cases and who now argues that the death penalty doesn't work and our system is fundamentally flawed. With a rational, balanced approach, Unklesbay depicts cases that represent how different parts of the criminal justice system are responsible for the arbitrary nature of the death penalty and work against the fair application of the law. The prosecution, trial courts, juries, and appellate courts all play a part in what ultimately is a roll of the dice as to whether a defendant lives or dies. Arbitrary Death is for anyone who wonders why and when its government seeks to legally take the life of one of its citizens. It will have you questioning whether you can support a system that applies death as an arbitrary punishment -- and often decades after the sentence was given.
Author | : Frank R. Baumgartner |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0190841540 |
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.
Author | : Maurice Chammah |
Publisher | : Crown |
Total Pages | : 368 |
Release | : 2021-01-26 |
Genre | : Law |
ISBN | : 1524760277 |
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 | : Carol S. Steiker |
Publisher | : Harvard University Press |
Total Pages | : 401 |
Release | : 2016-11-07 |
Genre | : History |
ISBN | : 0674737423 |
Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
Author | : Brandon Garrett |
Publisher | : Harvard University Press |
Total Pages | : 343 |
Release | : 2017-09-25 |
Genre | : History |
ISBN | : 0674970993 |
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
Author | : Human Rights Watch (Organization) |
Publisher | : Human Rights Watch |
Total Pages | : 51 |
Release | : 2001 |
Genre | : Capital punishment |
ISBN | : |
"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 | : David P. Keys |
Publisher | : Lynne Rienner Publishers |
Total Pages | : 219 |
Release | : 2016 |
Genre | : African American criminals |
ISBN | : 9781626373563 |
In what has been called the Dred Scott decision of our times, the US Supreme Court found in McCleskey v. Kemp that evidence of overwhelming racial disparities in the capital punishment process could not be admitted in individual capital cases, in effect institutionalizing a racially unequal system of criminal justice. Exploring the enduring legacy of this radical decision nearly three decades later, the authors of Race and the Death Penalty examine the persistence of racial discrimination in the practice of capital punishment, the dynamics that drive it, and the human consequences of both. David P. Keys is associate professor of criminal justice at New Mexico State University. R.J. Maratea is assistant professor of criminal justice at New Mexico State University.
Author | : Andrea D. Lyon |
Publisher | : Regina Ryan Publishing Enterprises Incorporated |
Total Pages | : 244 |
Release | : 2012-11-01 |
Genre | : |
ISBN | : 9780988225954 |
Nineteen times, death penalty defense lawyer Andrea D. Lyon has represented a client found guilty of capital murder. Nineteen times, she has argued for that individual's life to be spared. Nineteen times, she has succeeded. Dubbed the "Angel of Death Row" by the Chicago Tribune, Lyon was the first woman to serve as lead attorney in a death penalty case. Throughout her career, she has defended those accused of heinous acts and argued that, no matter their guilt or innocence, they deserved a chance at redemption. Now, for the first time, Lyon shares her story, from her early work as a Legal Aid attorney to her founding of the Center for Justice in Capital Cases. Full of courtroom drama, tragedy, and redemption, Angel of Death Row is a remarkable inside look at what drives Lyon to defend those who seem indefensible-and to win. There was Annette who was suspected of murdering her own daughter. There was Patrick, the convicted murderer who thirsted for knowledge and shared his love of books with Lyon when she visited him in jail. There was Lonnie, whose mental illness made him nearly impossible to save until the daughter who remembered his better self spoke on his behalf. There was Deirdre, who shared Lyon's cautious optimism that her wrongful conviction would finally be overturned, allowing her to see her grandchildren born while she was in prison. And there was Madison Hobley, the man whose name made international headlines when he was wrongfully charged with the murder of his family and sentenced to death. These clients trusted Lyon with their stories-and their lives. Driven by an overwhelming sense of justice, fairness, and morality, she fought for them in the courtroom and in the raucous streets, staying by their sides as they struggled through real tragedy and triumphed in startling ways. Angel of Death Row is the compelling memoir of Lyon's unusual journey and groundbreaking career.