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There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. 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. 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. 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.
Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.
Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures. In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.
A powerful, sophisticated, and original critique on how the disciplines of law and psychiatry behave and on how the mental health and justice systems operate, Punishing the Mentally Ill reveals where, how, and why the identity and humanity of persons with psychiatric disorders are consciously and unconsciously denied. Author Bruce A. Arrigo contends that despite periodic and well-intentioned efforts at reform, the current law-psychiatry system functions to punish the mentally ill for being different. The book synthesizes a wide range of mainstream and critical literature in sociology, law, philosophy, history, psychology, and psychoanalysis to establish a new theory of punishment at the law-psychiatry divide. To situate the analysis, enduring psycholegal issues are explored including the meaning of mental illness, definitions and predictions of dangerousness, the ethics of advocacy, the right to community-based treatment, the logic of forensic courtroom verdicts, transcarceration, and the execution of mentally disordered offenders among others. Punishing the Mentally Ill shows that current mental disability law research, programming, and policy are seriously flawed and that wholesale reform is necessary if the goals of citizen justice, social well-being, and humanism are to be realized.
"Beyond Reason: The Death Penalty and Offenders with Mental Retardation" is a March 2001 document of Human Rights Watch that focuses on the execution of people with mental retardation in the United States. Human Rights Watch notes that 25 U.S. states permit capital punishment for offenders who are mentally retarded. The agency recommends that until capital punishment is completely abolished in the United States, offenders with mental retardation should be exempted from a sentence of death or execution.
An urgent exposéf the mental health crisis in our courts, jails, and prisons America has made mental illness a crime. Jails in New York, Los Angeles, and Chicago each house more people with mental illnesses than any hospital. As many as half of all people in America's jails and prisons have a psychiatric disorder. One in four fatal police shootings involves a person with such disorders. In this revelatory book, journalist Alisa Roth goes deep inside the criminal justice system to show how and why it has become a warehouse where inmates are denied proper treatment, abused, and punished in ways that make them sicker. Through intimate stories of people in the system and those trying to fix it, Roth reveals the hidden forces behind this crisis and suggests how a fairer and more humane approach might look. Insane is a galvanizing wake-up call for criminal justice reformers and anyone concerned about the plight of our most vulnerable.
PROSE Award Finalist for Psychology This book synthesizes scholarly reflections with personal accounts from prison administrators and inmates to show the harsh reality of life on death row.
#1 NEW YORK TIMES BESTSELLER • LOOK FOR THE NETFLIX ORIGINAL DOCUMENTARY SERIES • “Both an American tragedy and [Grisham’s] strongest legal thriller yet, all the more gripping because it happens to be true.”—Entertainment Weekly John Grisham’s first work of nonfiction: a true crime masterpiece that tells the story of small town justice gone terribly awry. In the Major League draft of 1971, the first player chosen from the state of Oklahoma was Ron Williamson. When he signed with the Oakland A’s, he said goodbye to his hometown of Ada and left to pursue his dreams of big league glory. Six years later he was back, his dreams broken by a bad arm and bad habits. He began to show signs of mental illness. Unable to keep a job, he moved in with his mother and slept twenty hours a day on her sofa. In 1982, a twenty-one-year-old cocktail waitress in Ada named Debra Sue Carter was raped and murdered, and for five years the police could not solve the crime. For reasons that were never clear, they suspected Ron Williamson and his friend Dennis Fritz. The two were finally arrested in 1987 and charged with capital murder. With no physical evidence, the prosecution’s case was built on junk science and the testimony of jailhouse snitches and convicts. Dennis Fritz was found guilty and given a life sentence. Ron Williamson was sent to death row. If you believe that in America you are innocent until proven guilty, this book will shock you. If you believe in the death penalty, this book will disturb you. If you believe the criminal justice system is fair, this book will infuriate you. Don’t miss Framed, John Grisham’s first work of nonfiction since The Innocent Man, co-authored with Centurion Ministries founder Jim McCloskey.
Recommendations -- Background -- Who are the mentally ill in prison? -- Mental illness and women prisoners -- Systems in transition -- Difficulties mentally ill prisoners face coping in prison -- Inadequate responses and abuses by correctional staff -- Inadequate mental health treatment in prisons -- Insufficient provision of specialized facilities for seriously ill prisoners -- Case study: Alabama, a system in crisis -- Mentally ill prisoners and segregation -- Suicide and self-mutilation -- Failure to provide discharge services -- Legal standards.
Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.