This is because the 8th amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Giving someone who has mental disease the death penalty would be seen as a cruel and unusual punishment. Some may argue that even though the killer did murder the man, he did not show any empathy for what he did. This can be proven otherwise because of the fact that someone under the influence of mental disease may not always be able to control their actions. In similar cases such as the Walton vs. Virginia, and Eley vs. Ohio, the same practice was used.
Most mentally ill people who are convicted on capital charges should not be executed, for three such reasons. Firstly, the executions would violate equal protection of the laws in any jurisdiction in which execution of children and people with mental illness of any kind that psychologically cannot fully comprehend what they are committing is barred. Secondly, many death sentences imposed on people with mental illness violate due process more so because their mental illness is treated by the aggravating factor, either directly or to create a separate aggravating circumstance. Thirdly, many mentally ill offenders, who are sentenced to death, will be so impaired to what is fully going on at the time of execution that they can not emotionally understand the significance of their punishment. Thus, they cannot be executed under the eighth amendment; Regarding this, the latter conclusion is required even if they are cured through some sort of treatment.
Joe was always patient and kind with her, because he knew how traumatized she was from the attack. The balance of patience and aggression are shown how Joe has
Joe’s life had changed right before his eyes, just like a lot of Americans lives and the Jews in Germany during the early 1930s. Millions of people were displaced during the tumultuous times of the
The Supreme Court tested again the procedure and criterion of competency for execution of a mental illness defendant in 2007 in Panetti v. Quarterman (Panetti I). The Supreme Court ruled in Panetti that to be executed an inmate must not only be aware of the reason for his execution, the inmate must have a rational comprehension of the State’s reasoning for his
He shouldn’t be held responsible for the crimes he committed, and most of all, he needs help. “I don’t believe a word you’re saying,” a stubborn old man replied. “You don’t understand!” I exclaimed. This man needs help and your planning to lock him up somewhere he doesn’t belong?”
If juveniles have a mental disability they should not be sentenced to life in prison without parole, especially when it is a non homicidal crime. When children experience neglect and abuse it can take them down a dark path, which often leads to jail. Joe Sullivan's case is an example of this. As a child, Joe suffered from childhood abuse, which included both physical and sexual assault. This abuse took a toll on his mental state and led him to be easily manipulated by older kids.
Sentencing a criminal who is mentally retarded is directly going against the Eighth Amendment, which attempts to ‘evolve standards of decency’ in our nation. The Supreme Court of the United States prohibited the execution with mental deficiencies in the Atkins v. Virginia case in 2002. The Constitution enforces a substantive limitation on the States’ abilities to take the life of a criminal who is mentally retarded. (ATKINS V. VIRGINIA, 2002) Ethnic discrimination, financial influences, and factors such as mental retardation are three huge reasons why it is morally necessary to refuse to use the death penalty as a suitable mean of punishment, for this method would time after time fall under the realm of unequal or unjust punishment.
Not only does Joe show the cruelty through the stories of brutal and inhumane treatment of people in the past but he also shows the cruelty in his own treatment after he breaks through the silent barrier of communication. Joe has just broken the barrier with his tapping of morse code, the nurse and the individual who knows morse code understand what he is trying to do. The unknown individual and Joe have a very simple conversation which ends with the crushing of all Joe’s hopes for a real life, “What you ask is against regulations who are you” (page 235). Joe at this point has given
A legal implication is that even though the mental disorder is to blame, everyone needs to be treated equally under the law and there will be a consequence for his actions. This means that there must be a certain extent to the leeway that people suffering from mental illness have. Due to his mental illness, it may not be severe as other cases but the main priority should be getting him stable. The people who think Jonathan Ross should be charged for the murder may disagree with the judge's decision to hold him responsible because they do not think a mental problem should be an excuse for taking someone's life. Whereas on the other hand, others, including the Ross family, think that care in a mental institution will be the best consequence as the accused was not in control of his actions.
Have you ever talked to someone who you knew was crazy then you have probably heard them repeating the stance “I am not mad” These people do not know that they are mad and we must help them before they can hurt themselves In “The Tell Tale Heart” poe repeats that he believes that he is not mad “I am not mad” he says with a strong voice. Why would he continue to repeat that it probably won’t change someone’s mind if he were not mad people would not think that way. Although the prosecutor holds onto the false belif that my client is not mad and should be held accountable for his crimes. The prosecutor argues that the steps that my client takes are “ too well planned out” this is not proof this is a false prejudice that people with mental problems
The case, regarding Vince Li, forever fundamentally changed mental health discussions in Canada. Vince Li, a mentally ill person experienced a psychotic episode. Li brutally murdered an innocent man and was deemed NCR. Recently, Li has been placed under consideration for more freedoms. This paper will discuss how the media responded, if Li should be released, and why Li differs from a normal criminal.
Killing another seems very unjustifiable, which might be the case but when someone takes another 's life and sent to prison, death row or capital punishment is needed to put that person were they belong. People like that deserve to die because of their mistake of killing another and it deters other people to not kill others, showing them what would happen. In the case of Capital Punishment, Hunting for Sport, or George and Lennie, killing is a justifiable act. In the case of capital punishment killing is justified and needs to be done. For example, “Some crimes are so inherently evil they demand strict penalties up to and including death”(McClatchy).