Ethical Dilemmas: Capital Punishment and Mental Illness

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Reflection Like most criminal justice practices, the execution of the mentally ill has its ethical shortcomings. As previously state, the only criminals who are currently excluded from the death penalty are the legally insane and juveniles. The legally insane are defined as those who cannot distinguish right from wrong. In my opinion, there are many types of people in the world who, although they are not insane, they too are unable to differentiate right and wrong. They are mentally ill to the degree that they can’t make the distinction but they are not exempt from capital punishment. It is possible for a mentally ill person to make a bad choice that results in a crime. We have to consider that person’s mental illness when determining their guilt. If said mental illness is determined to have controlled in full or in part, the criminal should be deemed less culpable, so much so that the death penalty would be off the table. They were not in a clear mental state when they committed the crime and therefore couldn’t choose otherwise. Since determinism says that everything happens as a result of something else, one could argue that mental illness is a biological basis for behavior. It would not be fair to execute someone who was born with mental retardation, for example, for the reason that they were predetermined to think, feel, …show more content…

The social contract, in a nut shell, says that we should treat others the way we would want to be treated. The obvious implications of this theory are that we shouldn’t lie to someone, we shouldn’t steal from someone, and we shouldn’t kill someone, among countless others. But what doesn’t make sense to me is that if we should treat others how we want to be treated, shouldn’t we protect the mentally ill from execution? Many times they are not able to protect themselves, and we would want others to protect us if we were the mentally

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