Download or read book Intellectual Disability and the Death Penalty written by Marc J. Tassé Ph.D. and published by Bloomsbury Publishing USA. This book was released on 2017-12-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two nationally recognized experts, this book provides a comprehensive review of the legal and clinical aspects of the death penalty as it relates to intellectual disability. First, the facts: people with intellectual disability may falsely confess to a crime because they want to please the authorities, and they are often less able than others to work with lawyers to prepare a defense. In addition, because of the stigma attached to intellectual disability, affected individuals often become adept at hiding it, even from their attorney, not understanding the condition's importance to the outcome of their case. Having explained such harsh realities and presented a comprehensive review of what intellectual disability is, the book focuses on the 2002 U.S. Supreme Court Atkins v. Virginia decision granting a death penalty exemption to individuals with intellectual disability. It outlines best practice regarding the determination of intellectual disability and discusses qualifications needed for experts in such cases. Related issues such as common misconceptions regarding people with intellectual disability, race, socioeconomic status, and the status of foreign nationals as it relates to the death penalty and intellectual disability are discussed as well. A must-have resource for prosecutors, defense lawyers, and clinicians providing expert testimony in death penalty cases, this book will also prove absorbing reading for anyone concerned about this troubling issue.

Download or read book Mental Disability and the Death Penalty written by Michael L. Perlin and published by Rowman & Littlefield Publishers. This book was released on 2013-01-17 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Death Penalty and Intellectual Disability written by Edward A. Polloway and published by . This book was released on 2013-08-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Disability and the Death Penalty written by Marc J. Tassé and published by Praeger. This book was released on 2017-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cover "--"Title Page "--"Copyright " -- "Contents" -- "Preface" -- "Acknowledgments" -- "Chapter 1. Intellectual Disability and How It Is Diagnosed" -- "Chapter 2. A Brief History of and Introduction to the Modern American Death Penalty" -- "Chapter 3. The Supreme Court and the Categorical Exemption from Capital Punishment for Persons with Intellectual Disability: Atkins v. Virginia" -- "Chapter 4. Atkins on the Ground: Post-Atkins Lower Court Decisions" -- "Chapter 5. Assessing Intellectual Functioning" -- "Chapter 6. Assessing Adaptive Behavior" -- "Chapter 7. Assessing the Age of Onset" -- "Chapter 8. Expert Witnesses" -- "Chapter 9. The Future of Atkins

Download or read book Beyond Reason written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 2001 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Deadly Justice written by Frank R. Baumgartner and published by Oxford University Press. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Let the Lord Sort Them written by Maurice Chammah and published by Crown. This book was released on 2021-01-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.

Download or read book End of Its Rope written by Brandon Garrett and published by Harvard University Press. This book was released on 2017-09-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: An awakening -- Inevitability of innocence -- Mercy vs. justice -- The great American death penalty decline -- The defense lawyering effect -- Murder insurance -- The other death penalty -- The execution decline -- End game -- The triumph of mercy

Download or read book Right Here Right Now written by Lynden Harris and published by Duke University Press. This book was released on 2021-03-22 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon receiving his execution date, one of the thousands of men living on death row in the United States had an epiphany: “All there ever is, is this moment. You, me, all of us, right here, right now, this minute, that's love.” Right Here, Right Now collects the powerful, first-person stories of dozens of men on death rows across the country. From childhood experiences living with poverty, hunger, and violence to mental illness and police misconduct to coming to terms with their executions, these men outline their struggle to maintain their connection to society and sustain the humanity that incarceration and its daily insults attempt to extinguish. By offering their hopes, dreams, aspirations, fears, failures, and wounds, the men challenge us to reconsider whether our current justice system offers actual justice or simply perpetuates the social injustices that obscure our shared humanity.

Download or read book Intellectual Disability Capital Punishment and Social Inclusion written by Lauren Ann Ricciardelli and published by . This book was released on 2017 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court's Atkins v. Virginia (2002) decision exempted capital defendants with intellectual disability (ID) from execution. In its decision, the U.S. Supreme Court asked states to generally conform to clinical standards. However, states vary greatly on legal definitions of ID and capital procedures, such as standard of proof. When states use a standard of proof of ID that is higher than the lowest, capital defendants with ID are placed at an increased risk for unlawful execution. The overarching purpose of this dissertation is to understand the policy, practice, and research implications of high standards of proof of ID for the social inclusion of persons with ID. Chapter 2 was a secondary data analysis that used publicly available records. The purpose of Chapter 2 was to explore the differences between states' death penalty statuses and standards of proof of ID across social inclusion factors. The overall findings were that states do not differ on social inclusion factors by death penalty status alone, and that states using a standard of proof higher than the lowest were less socially inclusive than states using the lower standard or no standard. Chapter 3 was a theoretically driven, single-case study that explained why Georgia remains the only state to implement the highest standard of proof. To answer this question, I conducted interviews with key informants in the public sector. I also obtained and transcribed a two-hour long legislative hearing that occurred in 2013 on Georgia's standard of proof. I used the impressionist narrative tale and constant comparative methods to develop themes and dimensions. Themes and dimensions were used to inform nine recommendations that address the lack of information or misinformation presented in the 2013 legislative hearing. Chapter 4 was a policy analysis that used a value-critical approach to examine the standard of proof of ID within Georgia's 1988 statute. I presented findings across the social history context, the judicial context, and the economic context. I then provided a justification for the recommendation to clinically evaluate death row inmates in Georgia for ID.

Download or read book Slavery and the Death Penalty written by Bharat Malkani and published by . This book was released on 2020-12-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been acknowledged that the death penalty in the United States of America has been shaped by the country's history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices' respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists.

Download or read book Angel of Death Row written by Andrea D. Lyon and published by Regina Ryan Publishing Enterprises Incorporated. This book was released on 2012-11-01 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nineteen times, death penalty defense lawyer Andrea D. Lyon has represented a client found guilty of capital murder. Nineteen times, she has argued for that individual's life to be spared. Nineteen times, she has succeeded. Dubbed the "Angel of Death Row" by the Chicago Tribune, Lyon was the first woman to serve as lead attorney in a death penalty case. Throughout her career, she has defended those accused of heinous acts and argued that, no matter their guilt or innocence, they deserved a chance at redemption. Now, for the first time, Lyon shares her story, from her early work as a Legal Aid attorney to her founding of the Center for Justice in Capital Cases. Full of courtroom drama, tragedy, and redemption, Angel of Death Row is a remarkable inside look at what drives Lyon to defend those who seem indefensible-and to win. There was Annette who was suspected of murdering her own daughter. There was Patrick, the convicted murderer who thirsted for knowledge and shared his love of books with Lyon when she visited him in jail. There was Lonnie, whose mental illness made him nearly impossible to save until the daughter who remembered his better self spoke on his behalf. There was Deirdre, who shared Lyon's cautious optimism that her wrongful conviction would finally be overturned, allowing her to see her grandchildren born while she was in prison. And there was Madison Hobley, the man whose name made international headlines when he was wrongfully charged with the murder of his family and sentenced to death. These clients trusted Lyon with their stories-and their lives. Driven by an overwhelming sense of justice, fairness, and morality, she fought for them in the courtroom and in the raucous streets, staying by their sides as they struggled through real tragedy and triumphed in startling ways. Angel of Death Row is the compelling memoir of Lyon's unusual journey and groundbreaking career.

Download or read book Race and the Death Penalty written by David P. Keys and published by Lynne Rienner Publishers. This book was released on 2016 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: In what has been called the Dred Scott decision of our times, the US Supreme Court found in McCleskey v. Kemp that evidence of overwhelming racial disparities in the capital punishment process could not be admitted in individual capital cases, in effect institutionalizing a racially unequal system of criminal justice. Exploring the enduring legacy of this radical decision nearly three decades later, the authors of Race and the Death Penalty examine the persistence of racial discrimination in the practice of capital punishment, the dynamics that drive it, and the human consequences of both. David P. Keys is associate professor of criminal justice at New Mexico State University. R.J. Maratea is assistant professor of criminal justice at New Mexico State University.

Download or read book A Descending Spiral written by Marc Bookman and published by The New Press. This book was released on 2021-06-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful, wry essays offering modern takes on a primitive practice, from one of our most widely read death penalty abolitionists As Ruth Bader Ginsburg has noted, people who are well represented at trial rarely get the death penalty. But as Marc Bookman shows in a dozen brilliant essays, the problems with capital punishment run far deeper than just bad representation. Exploring prosecutorial misconduct, racist judges and jurors, drunken lawyering, and executing the innocent and the mentally ill, these essays demonstrate that precious few people on trial for their lives get the fair trial the Constitution demands. Today, death penalty cases continue to capture the hearts, minds, and eblasts of progressives of all stripes—including the rich and famous (see Kim Kardashian’s advocacy)—but few people with firsthand knowledge of America’s “injustice system” have the literary chops to bring death penalty stories to life. Enter Marc Bookman. With a voice that is both literary and journalistic, the veteran capital defense lawyer and seven-time Best American Essays “notable” author exposes the dark absurdities and fatal inanities that undermine the logic of the death penalty wherever it still exists. In essays that cover seemingly “ordinary” capital cases over the last thirty years, Bookman shows how violent crime brings out our worst human instincts—revenge, fear, retribution, and prejudice. Combining these emotions with the criminal legal system’s weaknesses—purposely ineffective, arbitrary, or widely infected with racism and misogyny—is a recipe for injustice. Bookman has been charming and educating readers in the pages of The Atlantic, Mother Jones, and Slate for years. His wit and wisdom are now collected and preserved in A Descending Spiral.

Download or read book Debating the Death Penalty written by Hugo Adam Bedau and published by Oxford University Press. This book was released on 2005-03-24 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts on both side of the issue speak out both for and against capital punishment and the rationale behind their individual beliefs.

Download or read book Cruel and Unusual written by Michael Meltsner and published by Quid Pro Books. This book was released on 2011-07-23 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The true and gripping account of the nine-year struggle by a small band of lawyers to abolish the death penalty in the United States. Its new edition features a 2011 Foreword by death-penalty author Evan Mandery of CUNY's John Jay College of Criminal Justice, as well as a new Preface by the author.The mission, plotted out over lunch in New York's Central Park in the early 1960s, seemed as impossible as going to the moon: abolish capital punishment in every state. The approach would fight on multiple fronts, with multiple strategies. The people would be dedicated, bright, unsure, unpopular, and fascinating. This is their story: not only the cases and the arguments before courts, the death row inmates and their victims, the judges and politicians urging law and order, this is the true account of the real-life lawyers from the inside. The United States indeed went to the moon, and a few years later the U.S. Supreme Court ruled the death penalty unconstitutional. The victory was long-sought and sweet, and the pages of this book vividly let the reader live the struggle and the victory. And while the abolition eventually became as impermanent as the nation's presence on the moon, these dedicated attorneys certainly made a difference. This is their tale.As Evan Mandery writes in his new Foreword, "In these pages, Meltsner lays bare every aspect of his and his colleaguesi thinking. You will read how they handicapped their chances, which arguments they thought would work (you may be surprised), and what they thought of the Supreme Court justices who would decide the crucial cases. You will come to understand what they perceived to be the basis for support for the death penalty, and, with Meltsner's unflinching honesty, what they perceived to be the inconsistencies in their position."Mandery concludes: "It is my odd lot in life to have read almost every major book ever written about the death penalty in America. This is the best and the most important. Every serious scholar who wants to advance an argument about capital punishment in the United States--whether it is abolitionist or in favor of the death penalty, or merely a tactical assessment--cites this book. It is open and supremely accessible." And the author's "constitutional vision was years ahead of its time. His book is timeless." Part of the Legal History and Biography Series from Quid Pro Books, the new ebook editions feature embedded pagination from previous editions (consistent with the new paperback edition as well, allowing continuity in all formats), active TOC and endnotes, and quality digital formatting.

Download or read book The Penry Penalty written by Emily Fabrycki Reed and published by . This book was released on 1993 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This source book adds a new dimension to the issue of execution of people with mental retardation. The author offers solutions to the problems of equity and justice that the Supreme Court created in its 1989 ruling on Penry v. Lynaugh.