Mental Disability and the Death Penalty

The Shame of the States

Nonfiction, Reference & Language, Law, Disability, Criminal Procedure, Criminal law
Cover of the book Mental Disability and the Death Penalty by Michael L. Perlin, New York Law School, Rowman & Littlefield Publishers
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Michael L. Perlin, New York Law School ISBN: 9781442200586
Publisher: Rowman & Littlefield Publishers Publication: January 17, 2013
Imprint: Rowman & Littlefield Publishers Language: English
Author: Michael L. Perlin, New York Law School
ISBN: 9781442200586
Publisher: Rowman & Littlefield Publishers
Publication: January 17, 2013
Imprint: Rowman & Littlefield Publishers
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Rowman & Littlefield Publishers

Cover of the book Historical Dictionary of Venezuela by Michael L. Perlin, New York Law School
Cover of the book Undocumented in L.A. by Michael L. Perlin, New York Law School
Cover of the book Preaching that Matters by Michael L. Perlin, New York Law School
Cover of the book Hungary and NATO by Michael L. Perlin, New York Law School
Cover of the book Flesh and Blood by Michael L. Perlin, New York Law School
Cover of the book A Working People by Michael L. Perlin, New York Law School
Cover of the book Mexico in the 1940s by Michael L. Perlin, New York Law School
Cover of the book Culture and Waste by Michael L. Perlin, New York Law School
Cover of the book Healing from a Narcissistic Relationship by Michael L. Perlin, New York Law School
Cover of the book Assembling the Pieces of a Systematic Review by Michael L. Perlin, New York Law School
Cover of the book The Preservation Management Handbook by Michael L. Perlin, New York Law School
Cover of the book Reaching Reluctant Young Readers by Michael L. Perlin, New York Law School
Cover of the book Now What, Grad? by Michael L. Perlin, New York Law School
Cover of the book Massaging the Mindset by Michael L. Perlin, New York Law School
Cover of the book Dealing with Change by Michael L. Perlin, New York Law School
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy