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Essayon capital punishment
Essayon capital punishment
Debate over the death penalty
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Imagine being sentenced to death for actions that you commit without your full consent due to a mental disability or illness? Capital punishment has been a controversial issue for hundreds of years in the United States. Each state has established its own laws towards capital punishment. There are federal laws and state laws that create conflict with federal, state, and county courts when it comes to sentencing criminals. Currently, thirty-one out of fifty states have legalized the execution of criminals. Some methods that are used to execute criminals are lethal injections, electrocution, lethal gas, hanging, and firing squad. Most criminals who have been executed have murdered multiple people, have been accused of committing first or …show more content…
Michael L. Perlin, professor and director of New York Law School, wrote his book The Shame Of The States: Mental Disability And The Death Penalty and it was published in 2013. He argues that justice is not being served when it comes to sentencing mentally ill criminals to the death penalty; He supports his claim by first explaining the issue of the death penalty in the U.S., then by illustrating court cases in which mentally ill criminals have been executed, and finally by informing his audience of the rights that people have as U.S. citizens that serve as our protection. Perlin himself writes, “Those mentally retarded persons who meet the law’s requirements for criminal responsibility should be tried and punished when they commit crimes” (49). In other words, Perlin believes that the execution of mentally disabled inmates is the solution. By focusing on executing criminals, Perlin overlooks the deeper problem of analyzing inmates’ mental health and providing them with treatment in order to insure public safety and reduce the budget for capital punishment. State and federal courts can save money by providing proper treatment instead of execution. The cost of executing a mentally ill criminal can instead be used for someone who deserves it. Jails are overflowing with inmates and the mentally ill are using up those jail cells. Mentally ill criminals should receive treatment or they can be sent to separate facilities that will provide the proper treatment to them that they need in order to reduce the costs capital punishment and avoid overflowing jail
In the book Crazy in America by Mary Beth Pfeiffer, she illustrated examples of what people with mental illness endure every day in their encounters with the criminal justice system. Shayne Eggen, Peter Nadir, Alan Houseman and Joseph Maldonado are amongst those thousands or more people who are view as suspected when in reality they are psychotic who should be receiving medical assistance instead, of been thrown into prison. Their stories also show how our society has failed to provide some of its most vulnerable citizens and has allowed them to be treated as a criminals. All of these people shared a common similarity which is their experience they went through due to their illness.
The view of the American culture is that executing those who are mental retarded is against our morale's and values. Instead the Amicus Brief provided by the APA helps to give assistance in using a set of procedures to follow when dealing with capital crimes of the mentally retarded (APA, 2013).
Murder, a common occurrence in American society, is thought of as a horrible, reprehensible atrocity. Why then, is it thought of differently when the state government arranges and executes a human being, the very definition of premeditated murder? Capital punishment has been reviewed and studied for many years, exposing several inequities and weaknesses, showing the need for the death penalty to be abolished.
Prior to taking this course, I generally believed that people were rightly in prison due to their actions. Now, I have become aware of the discrepancies and flaws within the Criminal Justice system. One of the biggest discrepancies aside from the imprisonment rate between black and white men, is mental illness. Something I wished we covered more in class. The conversation about mental illness is one that we are just recently beginning to have. For quite a while, mental illness was not something people talked about publicly. This conversation has a shorter history in American prisons. Throughout the semester I have read articles regarding the Criminal Justice system and mental illness in the United States. Below I will attempt to describe how the Criminal Justice system fails when they are encountered by people with mental illnesses.
Capital punishment is a form of taking someone 's life in order to repay for the crime that they have committed. Almost all capital punishment sentences in the United States of America have been imposed for homicide since the 1970 's. Ever since the reinstatement after 38 years of being banned, there has been intense debate among Americans regarding the constitutionality of capital punishment. Critics say that executions are violations of the “cruel and unusual punishment” provision of the Eighth Amendment. Some capital punishment cases require a separate penalty trial to be made, at which time the jury reviews if there is the need for capital punishment. In 1982, the first lethal injection execution was performed in Texas. Some other common methods of execution used are electrocution, a firing squad, and lethal gas. In recent years, the US Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 75 percent of Americans support the death sentence as an acceptable form of punishment. The other fourth have condemned it. Some major disagreements between supporters and non-supporters include issues of deterrence,
The issue of executing mentally ill criminals has been widely debated among the public. They debate on whether it is right or wrong to execute a person who does not possess the capacity to think correctly. The mental illness is a disease that destroys a person’s memory, emotion, and prevent one or more function of the mind running properly. The disease affects the way a person thinks, feels, behaves and relates to others.When a person is severely mentally ill, his/ her ability to appreciate reality lack so they aspire to do stuff that is meaningless. The sickness is triggered by an amalgamation of genetic, and environmental factors not a personal imperfection. On the death penalty website, Scott Panetti who killed his mother in-law and father-in-law reports that since 1983, over 60 people with mental illness or retardation have been executed in the United States (Panetti). The American Civil Liberties Union says that it is unconstitutional to execute someone who suffered from an earnest mental illness (ACLU).Some people apply the term crazy or mad to describe a person who suffers from astringent psychological disorders because a mad person look different than a mundane human being. The time has come for us to accept the fact that executing mentally ill offenders is not beneficial to society for many reasons. Although some mentally ill criminals have violated the law, we need to sustain a federal law that mentally ill criminals should not be put to death.
The United States has the highest incarceration rate in the world and of that over sixty percent of jail inmates reported having a mental health issue and 316,000 of them are severely mentally ill (Raphael & Stoll, 2013). Correctional facilities in the United States have become the primary mental health institutions today (Adams & Ferrandino, 2008). This imprisonment of the mentally ill in the United States has increased the incarceration rate and has left those individuals medically untreated and emotionally unstable while in jail and after being released. Better housing facilities, medical treatment and psychiatric counseling can be helpful in alleviating their illness as well as upon their release. This paper will explore the increasing incarceration rate of the mentally ill in the jails and prisons of the United States, the lack of medical services available to the mentally ill, the roles of the police, the correctional officers and the community and the revolving door phenomenon (Soderstrom, 2007). It will also review some of the existing and present policies that have been ineffective and present new policies that can be effective with the proper resources and training. The main objective of this paper is to illustrate that the criminalization of the mentally ill has become a public health problem and that our policy should focus more on rehabilitation rather than punishment.
While one person lays with their wrists circumscribed to the worn leather of the gurney, another person holds two skin-piercing needles. The individual holding the needles is an inexperienced technician who obtains permission from the United States federal government to murder people. One needle is held as a precaution in case the pain is too visible to the viewers. Another dagger filled with a lethal dosage of chemicals is inserted into the vein that causes the person to stop breathing. When the cry of the heart rate monitor becomes monotone, the corrupt procedure is complete. Lying in the chair is a corpse when moments ago it was an individual who made one fatal mistake that will never get the chance to redeem (Ecenbarger). Although some people believe that the death
Since the 13 colonies were first established in America, the death penalty has been the main form of capital punishment as a firmly deep-rooted institution in the United States. Today, one of the most debated issues in the criminal justice system is the issue of capital punishment. While receiving disapproving viewpoints as those who oppose the death penalty find moral fault in capital punishment, the death penalty has taken a very different course in America while continuing to further advancements in the justice system since the start of the new millennium. While eliminating overcrowding in state jails, the death penalty has managed to save tax payers dollars as well as deteriorate crime and apprehend criminals.
Several states authorize police officers to arrest mentally ill people who have not broken any law. It is argued that this process is a way to promote public order. Hospitals also transfer mentally ill patients to jail in order to deal with the overflow. It is not uncommon for children to be confined to criminal detention centers because there is a lack of facilities for severely mentally ill children. Relying on the criminal justice systems to be surrogate mental health systems conflicts with the basic notions of justice. (Aufderheide,
Seltzer, T., 2005, ‘Mental health courts – A misguided attempt to address the criminal justice system’s unfair treatment of people with mental illnesses’, Psychology, Public Policy and Law, vol. 11, no. 4, pp. 570-586.
One of the most repetitive and controversial topics discussed in the criminal justice system, is the death penalty. Capital punishment has been a part of our nation’s history since the creation of our constitution. In fact, as of January 1st, 2016, 2,943 inmates were awaiting their fate on death row (Death Penalty Information Center). Throughout my life, I have always been a strong advocate for the death penalty. During the majority of my undergraduate degree, I was a fierce supporter of capital punishment when discussing the topic in classes. However, throughout many criminal justice courses, I found myself in the minority, regarding the abolishment of the death penalty. While debating this topic, I would always find myself sympathetic to the victims and their families, as one should be, wanting those who were responsible for heinous crimes to
Throughout the course of time issues have arose in lawsuits regarding the mentally ill. How one should be handled in a situation has become controversial. With the growing number of ill inmates entering long sentencings or execution, finding a way to accommodate such a matter is difficult. As an effort to serve these persons, officials typically consider a guilty state of mind resulting in placement to mental health facilities in exchange for execution or sentences. Protected under the 8th amendment "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted". If such a notation is present the debate of weather the unbalanced should receive such penalties is contradicting. Persons may be found
When someone is legally convicted of a capital crime, it is possible for their punishment to be execution. The Death Penalty has been a controversial topic for many years. Some believe the act of punishing a criminal by execution is completely inhumane, while others believe it is a necessary practice needed to keep our society safe. In this annotated bibliography, there are six articles that each argue on whether or not the death penalty should be illegalized. Some authors argue that the death penalty should be illegal because it does not act as a deterrent, and it negatively effects the victim’s families. Other scholar’s state that the death penalty should stay legalized because there is an overcrowding in prisons and it saves innocent’s lives. Whether or not the death penalty should be
Capital punishment has been a controversial topic in association to any person condemned to a serious committed crime. Capital punishment has been a historical punishment for any cruel crime. Issues associated to things such as the different methods used for execution in most states, waste of taxpayers’ money by performing execution, and how it does not serve as any form of justice have been a big argument that raise many eyebrows. Capital punishment is still an active form of deterrence in the United States. The history of the death penalty explains the different statistics about capital punishment and provides credible information as to why the form of punishment should be abolished by every state. It is believed