THE DEATH PENALTY AND INTELLECTUAL DISABILITY

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Mental Disability And The Death Penalty

Author : Michael L. Perlin
ISBN : 9781442200562
Genre : Law
File Size : 26.93 MB
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Michael Perlin shows how the administration of the death penalty deprives persons with mental disabilities of their constitutional rights, and how trial courts and prosecutors consciously flaunt the law. Using real life examples, he brings this often overlooked situation to light and calls for immediate change.
Category: Law

Intellectual Disability And The Death Penalty

Author : Marc J. Tassé,
ISBN : 1440840148
Genre : Law
File Size : 48.76 MB
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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. * Provides a comprehensive review of the legal and clinical aspects of the death penalty and intellectual disability * Offers a detailed discussion of the Supreme court decision in Atkins v. Virginia as well as a review of court decisions since that 2002 ruling * Details the diagnostic issues related to determination of intellectual disability, such as the assessment of intellectual functioning, adaptive behavior, and age of onset * Shares best practices in clinical assessment and important forensic matters that must be considered
Category: Law

Grace And Justice On Death Row

Author : Brian W. Stolarz
ISBN : 9781510715127
Genre : Law
File Size : 85.83 MB
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A Washington Post bestseller! A chilling and compassionate look at how close an innocent man was to being put death with a foreword by Sister Helen Prejean, author of Dead Man Walking. What is worse than having a client on Death Row in Texas? Having a client on Death Row in Texas who is innocent and not knowing if you will be able to stop his execution in time. Grace and Justice on Death Row: A Race Against Time to Free an Innocent Man tells the story of Alfred Dewayne Brown, a man who spent over twelve years in prison (ten of them on Texas’ infamous Death Row) for a high-profile crime he did not commit, and his lawyer, Brian Stolarz, who dedicated his career and life to secure his freedom. The book chronicles Brown’s extraordinary journey to freedom against very long odds, overcoming unscrupulous prosecutors, corrupt police, inadequate defense counsel, and a broken criminal justice system. The book examines how a lawyer-client relationship turned into one of brotherhood. Grace And Justice On Death Row also addresses many issues facing the criminal justice system and the death penalty – race, class, adequate defense counsel, and intellectual disability, and proposes reforms. Told from Stolarz’s perspective, this raw, fast-paced look into what it took to save one man’s life will leave you questioning the criminal justice system in this country. It is a story of injustice and redemption that must be told.
Category: Law

Dubious Conceptions

Author : Kristin Luker
ISBN : 0674217039
Genre : Health & Fitness
File Size : 84.84 MB
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Argues that the social and economic forces that discourage better-off women to delay childbirth are the same forces that push disadvantaged women to early pregnancy
Category: Health & Fitness

Anatomy Of Injustice

Author : Raymond Bonner
ISBN : 9780307948540
Genre : Law
File Size : 58.23 MB
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From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man 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. 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. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.
Category: Law

America S Experiment With Capital Punishment

Author : James R. Acker
ISBN : 1611633850
Genre : Law
File Size : 61.5 MB
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The third edition of America's Experiment with Capital Punishment has been expanded and updated to include several important developments since the publication of the second edition in 2003. New evidence is presented about the incidence of wrongful convictions, racial and geographical disparities in capital charging and sentencing practices, deterrence, trends in public opinion, jury decision-making, how the capital punishment process affects the families of both murder victims and offenders, the conditions and consequences of death row incarceration, the financial costs of capital punishment, executive clemency, and many other issues. Renewed attention is given to execution methods (focusing on lethal injection), capital punishment for persons with intellectual disabilities, and other matters of significance. Legal developments also are chronicled, including trends in the Supreme Court's interpretation and application of the ''evolving standards of decency'' and related Eighth Amendment principles, the prohibition against executing juvenile offenders, significant changes in federal habeas corpus policies, and the repeal of death-penalty statutes in several states. New chapters have been added to address the historical evolution of capital punishment (John Bessler), and the death penalty for persons with mental disabilities (Christopher Slobogin). Several additional authors have joined to produce the updated chapters. The book's twenty-six chapters critically analyze the history, politics, law, empirical evidence, and principled underpinnings of the contemporary debate about the death penalty in America. They also assess likely future trends in capital punishment law and practice. Written by the country's leading legal and social science scholars, the chapters collectively represent the most comprehensive and illuminating treatment of death penalty issues presently available in a single volume.
Category: Law

Excluding Intellectually Disabled Offenders From Execution

Author : Peggy M. Tobolowsky
ISBN : 1611635632
Genre : Social Science
File Size : 69.26 MB
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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.
Category: Social Science

Where Justice And Mercy Meet

Author : Vicki Schieber
ISBN : 9780814635339
Genre : Religion
File Size : 89.84 MB
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Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty comprehensively explores the Catholic stance against capital punishment in new and important ways. The broad perspective of this book has been shaped in conversation with the Catholic Mobilizing Network to End the Use of the Death Penalty, as well as through the witness of family members of murder victims and the spiritual advisors of condemned inmates. The book offers the reader new insight into the debates about capital punishment; provides revealing, and sometimes surprising, information about methods of execution; and explores national and international trends and movements related to the death penalty. It also addresses how the death penalty has been intertwined with racism, the high percentage of the mentally disabled on death row, and how the death penalty disproportionately affects the poor. The foundation for the church's position on the death penalty is illuminated by discussion of the life and death of Jesus, Scripture, the Mass, the Catechism of the Catholic Church, and the teachings of Pope John Paul II. Written for concerned Catholics and other interested readers, the book contains contemporary stories and examples, as well as discussion questions to engage groups in exploring complex issues.
Category: Religion

Ultimate Punishment

Author : Scott Turow
ISBN : 0374706476
Genre : Social Science
File Size : 54.70 MB
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America's leading writer about the law takes a close, incisive look at one of society's most vexing legal issues Scott Turow is known to millions as the author of peerless novels about the troubling regions of experience where law and reality intersect. In "real life," as a respected criminal lawyer, he has been involved with the death penalty for more than a decade, including successfully representing two different men convicted in death-penalty prosecutions. In this vivid account of how his views on the death penalty have evolved, Turow describes his own experiences with capital punishment from his days as an impassioned young prosecutor to his recent service on the Illinois commission which investigated the administration of the death penalty and influenced Governor George Ryan's unprecedented commutation of the sentences of 164 death row inmates on his last day in office. Along the way, he provides a brief history of America's ambivalent relationship with the ultimate punishment, analyzes the potent reasons for and against it, including the role of the victims' survivors, and tells the powerful stories behind the statistics, as he moves from the Governor's Mansion to Illinois' state-of-the art 'super-max' prison and the execution chamber. This gripping, clear-sighted, necessary examination of the principles, the personalities, and the politics of a fundamental dilemma of our democracy has all the drama and intellectual substance of Turow's celebrated fiction.
Category: Social Science

On The Margins Of Citizenship

Author : Allison C. Carey
ISBN : 9781592136988
Genre : History
File Size : 33.27 MB
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On the Margins of Citizenship provides a comprehensive, sociological history of the fight for civil rights for people with intellectual disabilities. Allison Carey, who has been active in disability advocacy and politics her entire life, draws upon a broad range of historical and legal documents as well as the literature of citizenship studies to develop a "relational-practice" approach to the issues of intellectual disability and civil rights. She examines how and why parents, self-advocates, and professionals fought for different visions of rights for this population throughout the twentieth century and the changes that took place over that time. Presenting the shifting constitutional and legal restrictions for this marginalized group, Carey argues that policies tend to sustain an ambiguity that simultaneously promises rights yet also allows their retraction.
Category: History