Death Penalty

Author(s):  
Tara Straka

Chapter 27 describes the cases that have defined the evolution of the United States’ relationship with the death penalty. Over time, the country has gradually narrowed the pool of those eligible to be executed, prohibiting the infliction of death on individuals with mental retardation or mental illness and, most recently, on adolescents. These cases are important for forensic professionals who may be involved in the evaluation or treatment of capital defendants. The cases in this chapter are Estelle v. Smith, Ake v. Oklahoma, Ford v. Wainwright, Payne v. Tennessee, State v. Perry, Atkins v. Virginia, Roper v. Simmons, and Panetti v. Quarterman.

Author(s):  
Tara Straka ◽  
Heather Ellis Cucolo ◽  
Merrill Rotter ◽  
Jeremy Colley

Chapter 26 describes the cases that have defined the evolution of the United States’ relationship with the death penalty. Over time, the country has gradually narrowed the pool of those eligible to be executed, prohibiting the infliction of death on individuals the mental retardation, mental illness, and most, recently, adolescents. These cases are important for forensic professionals who may be involved in the evaluation or treatment of capital defendants. The cases in this chapter are Estelle v. Smith, Ake v. Oklahoma, Ford v. Wainwright, Payne v. Tennessee, State v. Perry, Atkins v. Virginia, Roper v. Simmons and Panetti v. Quarterman. The new cases further refine issues related to intellectual disability standards and procedural protections. These include Ryan v. Gonzales, Hall v. Florida, Moore v. Texas and Mcwilliams v. Dunn.


Author(s):  
Sandra L. Babcock

Section I of this chapter examines the potential of international law to promote abolition of the death penalty and the challenges that prevent the full realization of that potential. Section II provides a brief overview of how international norms relating to the application of the death penalty have evolved over time. Section III provides three examples of how their impact has been limited in practice, focusing on the application of the death penalty to individuals with mental illnesses and intellectual disabilities, as well as the failure of the United States to comply with its obligations under the Vienna Convention on Consular Relations. Finally, Section IV suggests a number of prescriptive measures to address these limitations. It describes an innovative project in Malawi to obtain the resentencing of prisoners condemned to death and discusses potential revisions to the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty.


2020 ◽  
Author(s):  
Kimberly Schmitt McKee ◽  
Lindsay K. Admon ◽  
Tyler N. A. Winkelman ◽  
Maria Muzik ◽  
Stephanie Hall ◽  
...  

Abstract Background: National estimates of perinatal mood and anxiety disorders (PMAD) and serious mental illness (SMI) among delivering women over time, as well as associated outcomes and costs, are lacking. The prevalence of perinatal mood and anxiety disorders and serious mental illness from 2006-2015 were estimated as well as associated risk of adverse obstetric outcomes, including severe maternal morbidity and mortality (SMMM), and delivery costs. Methods: The study was a serial, cross-sectional analysis of National Inpatient Sample data. The prevalence of PMAD and SMI was estimated among delivering women as well as obstetric outcomes, healthcare utilization, and delivery costs using adjusted weighted logistic with predictive margins and generalized linear regression models, respectively. Results: The study included an estimated 39,025,974 delivery hospitalizations from 2006-2015 in the U.S. PMAD increased from 18.4 (95% CI 16.4-20.0) to 40.4 (95% CI 39.3-41.6) per 1,000 deliveries. SMI also increased among delivering women over time, from 4.2 (95% CI 3.9-4.6) to 8.1 (95% CI 7.9-8.4) per 1,000 deliveries. Medicaid covered 72% (95% CI 71.2-72.9) of deliveries complicated by SMI compared to 44% (95% CI 43.1-45.0) and 43.5% (95% CI 42.5-44.5) among PMAD and all other deliveries, respectively. Women with PMAD and SMI experienced higher incidence of SMMM, and increased hospital transfers, lengths of stay, and delivery-related costs compared to other deliveries (P<.001 for all). Conclusion: Over the past decade, the prevalence of both PMAD and SMI among delivering women increased substantially across the United States, and affected women had more adverse obstetric outcomes and delivery-related costs compared to other deliveries.


Author(s):  
Kathryn L. Schwaeble ◽  
Jody Sundt

The United States is unique in its reliance on incarceration. In 2018 the United States had the largest prison population in the world—more than 2.1 million people—and incarcerated 655 per 100,000 residents, the highest incarceration rate in the world. The U.S. public also holds more punitive attitudes in comparison to citizens of other Western, developed countries. For example, when presented with the same description about a hypothetical criminal event, Americans consistently prefer longer sentences compared to residents of other countries. Attitudes about the death penalty are also instructive. Although international support for the death penalty has declined dramatically over time, the majority of Americans are still in favor of capital punishment for certain crimes. In comparison, Great Britain abolished the death penalty in 1965, and only 45% of its citizens continue to support capital punishment. This raises an important question: Can understanding the will of the public help explain how governments respond to crime? The answer to this question is more complicated than expected upon first consideration. The United States generally starts from a more punitive stance than other countries, in part because it experiences more violent crime but also because Americans hold different moral and cultural views about crime and punishment. U.S. public officials, including lawmakers, judges, and prosecutors, are responsive to trends in public attitudes. When the public mood became more punitive during the 1990s, for example, U.S. states universally increased the length of prison sentences and expanded the number of behaviors punishable by incarceration. Similarly, the public mood moderated in the United States toward the end of the 2000s, and states began reducing their prison populations and supporting sentencing reform. It is also true, however, that public officials overestimate how punitive the public is while citizens underestimate how harsh the justice system is. Moreover, the public supports alternatives to tough sentences including prevention, treatment, and alternatives to incarceration, particularly for juveniles and nonviolent offenders. Thus public opinion about punishment is multifaceted and complex, necessitating the exploration of many factors to understand it. Looking at public attitudes about punishment over time, across culture and societies, and in a variety of ways can help explain why social responses to crime change and why some people or groups of people are more punitive than others. Two ideas are helpful in organizing motivations for punishment. First, public support for punishment may be motivated by rational, instrumental interests about how best to protect public safety. Public concern about crime is a particularly important influence on trends in the public mood, but fear of crime and victimization are inconsistently related to how individuals feel about punishment. Second, attitudes about punishment are tied to expressive desires. Attitudes are influenced by culture and moral beliefs about how to respond to harm and violations of the law. Thus attitudes about punishment are relevant in understanding how the public thinks about the problem of crime, as how people think and feel about crime influences what they think and feel should be done about it.


2020 ◽  
Author(s):  
Kimberly Schmitt McKee ◽  
Lindsay K. Admon ◽  
Tyler N. A. Winkelman ◽  
Maria Muzik ◽  
Stephanie Hall ◽  
...  

Abstract Background: National estimates of perinatal mood and anxiety disorders (PMAD) and serious mental illness (SMI) among delivering women over time, as well as associated outcomes and costs, are lacking. We examined the prevalence of perinatal mood and anxiety disorders and serious mental illness, from 2006-2015 and associated risk of adverse obstetric outcomes, including severe maternal morbidity and mortality (SMMM), and delivery costs. We conducted a serial, cross-sectional analysis using National Inpatient Sample data. We estimated the prevalence of PMAD and SMI among delivering women as well as obstetric outcomes, healthcare utilization, and delivery costs using adjusted weighted logistic with predictive margins and generalized linear regression models, respectively. Results : We identified an estimated 39,025,974 delivery hospitalizations from 2006-2015 in the U.S. PMAD increased from 18.4 (95% CI 16.4-20.0) to 40.4 (95% CI 39.3-41.6) per 1,000 deliveries. SMI also increased among delivering women over time, from 4.2 (95% CI 3.9-4.6) to 8.1 (95% CI 7.9-8.4) per 1,000 deliveries. Medicaid covered 72% (95% CI 71.2-72.9) of deliveries complicated by SMI compared to 44% (95% CI 43.1-45.0) and 43.5% (95% CI 42.5-44.5) among PMAD and all other deliveries, respectively. Women with PMAD and SMI experienced higher incidence of SMMM, and increased hospital transfers, lengths of stay, and delivery-related costs compared to other deliveries ( P <.001 for all). Conclusion : Over the past decade, the prevalence of both PMAD and SMI among delivering women increased substantially across the United States, and affected women had more adverse obstetric outcomes and delivery-related costs compared to other deliveries.


2020 ◽  
Author(s):  
Kimberly Schmitt McKee ◽  
Lindsay K. Admon ◽  
Tyler N. A. Winkelman ◽  
Maria Muzik ◽  
Stephanie Hall ◽  
...  

Abstract Background: National estimates of perinatal mood and anxiety disorders (PMAD) and serious mental illness (SMI) among delivering women over time, as well as associated outcomes and costs, are lacking. The prevalence of perinatal mood and anxiety disorders and serious mental illness from 2006-2015 were estimated as well as associated risk of adverse obstetric outcomes, including severe maternal morbidity and mortality (SMMM), and delivery costs using a serial, cross-sectional analysis of National Inpatient Sample data. The prevalence of PMAD and SMI were estimated among delivering women as well as obstetric outcomes, healthcare utilization, and delivery costs using adjusted weighted logistic with predictive margins and generalized linear regression models, respectively. Results: The study included an estimated 39,025,974 delivery hospitalizations from 2006-2015 in the U.S. PMAD increased from 18.4 (95% CI 16.4-20.0) to 40.4 (95% CI 39.3-41.6) per 1,000 deliveries. SMI also increased among delivering women over time, from 4.2 (95% CI 3.9-4.6) to 8.1 (95% CI 7.9-8.4) per 1,000 deliveries. Medicaid covered 72% (95% CI 71.2-72.9) of deliveries complicated by SMI compared to 44% (95% CI 43.1-45.0) and 43.5% (95% CI 42.5-44.5) among PMAD and all other deliveries, respectively. Women with PMAD and SMI experienced higher incidence of SMMM, and increased hospital transfers, lengths of stay, and delivery-related costs compared to other deliveries (P<.001 for all). Conclusion: Over the past decade, the prevalence of both PMAD and SMI among delivering women increased substantially across the United States, and affected women had more adverse obstetric outcomes and delivery-related costs compared to other deliveries.


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