Psychiatry and Death Penalty

Question 1

Most Common Form Execution

Answer 1

Lethal injection

Question 2

6 Ford v. Wainwright Rationale Why Person Must be CTBE

Answer 2

1. Incompetent person might be unable to provide counsel w/ last minute info that could vacate
2. Madness is punishment in itself
3. Incompetent person can’t make peace with God
4. Execution of incompetent person has no deterrent effect on population
5. Execution of incompetent is “miserable spectacle…of extreme inhumanity and cruelty”
6. Retribution cannot be exacted from an incompetent person

Question 3

Madison v. Alabama (SCOTUS 2009) Sum & Gen

Answer 3

• Killed LEO, sentenced to death, then severe strokes/vasc dementia
  1. Can be competent even if don’t remember the crime, as long as has rational understanding of reason for punishment
  2. Conditions rendering ITBE not limited to psychotic d/os