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Book Titles No access
Mental Disability and the Death Penalty
The Shame of the States
Authors:
Publisher:
2013
Summary
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. <a name="SR_1874"></a><a name="SR_1875">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. </a> 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.<a name="SR_6682"></a><a name="SR_6662"><a name="SR_2248"><a name="SR_951"><a name="SR_17693"><a name="SR_2331"><a name="SR_4024"><a name="SR_6725"><a name="SR_5702"><a name="SR_14717"><a name="FNRF77370664529"><a name="FNRF76370664529"><a name="SR_17692"><a name="SR_14718"><a name="SR_949"><a name="SR_6642"><a name="SR_14735"><a name="SR_32130"><a name="SR_2249"><a name="SR_6715"><a name="SR_952"><a name="SR_4025"><a name="SR_32099"> 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> </a></a></a></a></a></a></a></a></a></a></a></a></a></a></a></a></a></a></a></a></a><BR />
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Bibliographic data
Copyright year
2013
ISBN-Print
978-1-4422-0056-2
ISBN-Online
978-1-4422-0058-6
Publisher
Rowman & Littlefield, Lanham
Language
English
Pages
284
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
Preface No access
Chapter 1. An Introduction and the Dilemma of Factual Innocence No access Pages 1 - 10
Chapter 2. Sanism, Pretextuality, the Role of Dignity, and Therapeutic Jurisprudence No access Pages 11 - 18
Chapter 3. Future Dangerousness and the Death Penalty No access Pages 19 - 28
Chapter 4. Mental Disability Evidence and Mitigation No access Pages 29 - 44
Chapter 5. Competency to Be Executed: The Case of Mental Retardation No access Pages 45 - 68
Chapter 6. Competency to Be Executed: The Case of Mental Illness No access Pages 69 - 84
Chapter 7. Competency to Be Executed: The Question of Medication No access Pages 85 - 92
Chapter 8. Neuroimaging and the Death Penalty No access Pages 93 - 108
Chapter 9. The Role of Jurors, Prosecutors, and Judges No access Pages 109 - 122
Chapter 10. The Death Penalty, Mental Disability, and Adequacy of Counsel No access Pages 123 - 138
Chapter 11. The Death Penalty and International Human Rights Law No access Pages 139 - 148
