An exploration whether the execution of the mentally ill violates the Eighth Amendment's prohibition against cruel and unusual punishment.
Written in 2009; 2,404 words; 8 sources; APA; $ 73.95
Paper Summary:
The paper looks at how society's view of mental illness has evolved in order to determine whether the execution of the mentally ill violates the Eighth Amendment. The paper refers to several Supreme Court decisions on insanity and executions and illustrates how there is no easy solution to the moral dilemma that surrounds the execution of the mentally ill. The paper does come to the conclusion, however, that seriously mentally ill people are being denied a meaningful opportunity to present their own defenses. The paper therefore contends that even if society fails to conclude that the execution of the mentally ill violates the Eighth Amendment, it seems clear that many mentally ill defendants have not received due process of law, making their convictions and sentences unconstitutional.
From the Paper:
"It is impossible to say, with any real degree of accuracy, what percentage of people on death row is mentally ill. There are several reasons for this impossibility. First, mental illness is difficult to define, and is subject to broad changes over time and space. Therefore, a person who was not mentally ill at the time of a conviction might be considered mentally ill under modern standards, and vice-versa. Next, mental illness is difficult to diagnose. The very crimes that land people on death row are things that most people consider "crazy," however that does not mean that the people who perpetrated them are actually mentally ill. Furthermore, mental illness has different meanings for health professionals and the legal community; therefore, a person might be considered mentally ill in one context, but not in the other."
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