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Death Penalty And Mental Retardation

This paper shall examine and qualify the issues surrounding the imposition of the death penalty onto the mentally retarded and the mentally ill. Within this paper, the phrase mentally ill shall be applied to those who are of normal intelligence yet who suffer from mannerisms or behaviors that alter their perceptions. The phrase mentally retarded shall be applied to individuals who suffer from conditions that result in lower intelligence and comprehension levels. This issue is loaded in terms of issues surrounding the morality of the situation: The fundamental question at stake within this particular issue is whether or not the mentally ill and the mentally retarded can be punished in the same manner as those who commit the same crimes and are considered to be of normal mental stability and functionality.

This argument therefore is expressed within two distinct factions: The first faction consists of those who endorse the death penalty as a measure of punishment for the same types of crimes, regardless as to the mental state of whomever commits the crime. There are many reasons for this rationalization, and these reasons shall be addressed at a later point within this paper. Conversely, the opposition to this position co


De-institutionalization, or the process of releasing the mentally ill into society, came about mainly because of the advances made in psychiatry and in the nature of psychiatric drugs. Many patients benefited from the newer drugs and the increasing use of routine psychiatric treatments, and these patients are now sometimes considered fit to work within society. However, the opponents of de-institutionalization suggest that the government creates too much emphasis on reducing the number of patients under constant psychiatric care. The opponents of this measure suggest that this process if done for no other reason than to reduce costs. Because of this, it is believed that mentally ill individuals who should have been kept under care and supervision are released into society. While the exact figures are unknown, it is assumed that many of these individuals have criminal capabilities brought on as a direct result of their mental impairment.

“When we execute a capital defendant in this country, we rely on the belief that the individual was guilty, and was convicted and sentenced after a fair trial, to justify the imposition of state-sponsored killing. . . . My 24 years of overseeing the imposition of the death penalty from this court have left me in grave doubt whether this reliance is justified and whether the constitutional requirement of competent legal counsel for capital defendants is being fulfilled.” (Blackman as quoted in Davis: 1999)

Some topics in this essay:
Society DeInstitutionalization, Earl Washington, Harry Blackmun, Rights Watch, , Amnesty International, People Kidd, Governor Ryan’s, Issues Involved, Death Row, death penalty, mentally ill, mentally retarded, ill mentally, mentally ill mentally, ill mentally retarded, mental retardation, mentally retarded individual, amnesty international, human rights, legal system, retarded individual, death row, human rights watch, mentally ill individual,

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Approximate Word count = 5114
Approximate Pages = 20 (250 words per page double spaced)


  

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