Intellectual Disability And The Death Penalty
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Intellectual Disability And The Death Penalty
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Author : Marc J. Tassé Ph.D.
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2017-12-01
Intellectual Disability And The Death Penalty written by Marc J. Tassé Ph.D. and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-01 with Psychology categories.
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.
The Death Penalty And Intellectual Disability
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Author : Edward A. Polloway
language : en
Publisher:
Release Date : 2013-08-01
The Death Penalty And Intellectual Disability written by Edward A. Polloway and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-01 with Medical categories.
Mental Disability And The Death Penalty
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Author : Michael L. Perlin
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2013-01-17
Mental Disability And The Death Penalty written by Michael L. Perlin and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-17 with Law categories.
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.
Intellectual Disability And The Death Penalty
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Author : Marc J. Tassé Ph.D.
language : en
Publisher:
Release Date : 2023-12-28
Intellectual Disability And The Death Penalty written by Marc J. Tassé Ph.D. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.
Providing key information for students or professionals in the fields of criminology, education, psychology, law, and law enforcement, this book documents the legal and clinical aspects of the issues related to intellectual disability and the death penalty. 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.
Beyond Reason
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Author : Human Rights Watch (Organization)
language : en
Publisher: Human Rights Watch
Release Date : 2001
Beyond Reason written by Human Rights Watch (Organization) and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Capital punishment categories.
"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.
Beyond Reason
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Author :
language : en
Publisher:
Release Date : 2001
Beyond Reason written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Capital punishment categories.
This report examines the recent history of capital punishment of mentally retarded offenders in the United States. Execution is still permitted in 25 US states and that at least 35 such offenders have been executed since 1976. The report includes case studies of sixteen mentally retarded offenders.
The Penry Penalty
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Author : Emily Fabrycki Reed
language : en
Publisher:
Release Date : 1993
The Penry Penalty written by Emily Fabrycki Reed and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Social Science categories.
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.
Anatomy Of Injustice
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Author : Raymond Bonner
language : en
Publisher: Vintage
Release Date : 2012-02-21
Anatomy Of Injustice written by Raymond Bonner and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-21 with True Crime categories.
The book that helped free an innocent man who had spent twenty-seven years on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. After attending the University of Texas School of Law, Holt was eager to help the disenfranchised and voiceless; she herself had been a childhood victim of abuse. It required little scrutiny for Holt to discern that Elmore’s case—plagued by incompetent court-appointed defense attorneys, a virulent prosecution, and both misplaced and contaminated evidence—reeked of injustice. It was the cause of a lifetime for the spirited, hardworking lawyer. Holt would spend more than a decade fighting on Elmore’s behalf. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt’s battle to save Elmore’s life and shows us how his case is a textbook example of what can go wrong in the American justice system. He reviews police work, evidence gathering, jury selection, work of court-appointed lawyers, latitude of judges, iniquities in the law, prison informants, and the appeals process. Throughout, the actions and motivations of both unlikely heroes and shameful villains in our justice system are vividly revealed. Moving, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation’s ongoing, increasingly important debate about inequality and the death penalty.
Intellectual Disability And The Death Penalty
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Author : Marc J. Tassé Ph.D.
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2017-12-01
Intellectual Disability And The Death Penalty written by Marc J. Tassé Ph.D. and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-01 with Psychology categories.
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.
Excluding Intellectually Disabled Offenders From Execution
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Author : Peggy M. Tobolowsky
language : en
Publisher:
Release Date : 2014
Excluding Intellectually Disabled Offenders From Execution written by Peggy M. Tobolowsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Capital punishment categories.
In 2002, in Atkins v. Virginia, the United States Supreme Court concluded that the execution of intellectually disabled offenders is cruel and unusual punishment prohibited by the Eighth Amendment. The Court's Atkins ruling not only applied to future capital punishment prosecutions, but also permitted previously death-sentenced state and federal offenders to seek to establish their intellectual disability and resulting ineligibility for execution. Moreover, because of the constitutional nature of the Atkins ruling, state death-sentenced offenders could generally file Atkins claims for collateral relief in both state and federal courts. Since Atkins, almost 600 Atkins claims have been filed in state and federal courts. In 2014, in Hall v. Florida, the Court confirmed the fundamental principles of its Atkins decision and found Florida's implementation of Atkins unconstitutional. This book examines the state and federal legislative and judicial implementation of Atkins prior to Hall and Hall's impact on the future implementation of Atkins. It catalogs the outcomes of Atkins claims filed prior to Hall and describes illustrative successful and unsuccessful Atkins claims. The book also discusses specific Atkins implementation issues that merit future Court consideration in the continuing effort to implement Atkins and exclude intellectually disabled offenders from execution. "Tobolowsky's journey, which began looking at the literature surrounding the Atkin's claims, has ultimately put forth great evidence supporting the end of capital punishment." -- Sarah Britto, Criminal Justice Review 40(4) "...Tobolowsky describes the ongoing struggle to implement Atkins, prospectively and retroactively...Tobolowsky is particularly effective in her application of the risk of 'erroneous execution standard' derived from Atkins and Hall, in order to criticize newer questionable death penalty practices like Texas' Briseno adaptive functioning factors, the 'Flynn' and 'practice' effects, Georgia's high standard of proof of beyond the reasonable doubt for the exemption, and the AEDPA restrictions on habeas challenges." --Leona D. Jochnowitz, Criminal Law Bulletin