Alternatives for Death Penalty for Mentally Challenged Research Papers

The difficulties surrounding the mentally challenged and the death row who are convicted of capital offenses are numerous. It is evident that the Supreme Court has no consistent answers with regard to determining whether death is an appropriate punishment for this segment of the criminal population. It would appear likely that at some point, the U.S Supreme Court might reverse its opinion regarding the convicted mentally retarded and death as a punishment because it was not based upon the Constitution of the United States nor was it based upon any legal precedent or requirement. By making its decision based on the notion of “general consensus,” it has created the opportunity for individuals to present cases regarding a multitude of issues to the Supreme Court that may lead to legal chaos. Additionally, this ruling has in effect given the Supreme Court power that it before did not enjoy. Since the whole basis of their decisions were to be based upon their interpretation of the U.S. Constitution and legal precedence, this deviation from this course has “opened the door” to other “general consensus” verdicts.

The members of the Supreme Court did utilize this “general consensus” basis in terms of stating “the execution of mentally retarded people is unconstitutionally cruel and unusual punishment” . One might argue that an individual with limited understanding who has a limited sense of right and wrong could still commit a crime that was deserving of the death penalty. With such limited understanding, the threat of death as a punishment has even less deterrence than it might have for individuals with the capacity for greater understanding. Additionally, for offenders who have greater capacities for understanding, the use of the death penalty might be more frightening, and thus, the punishment is crueler than it would be for the mentally challenged. 

Consequently, alternatives to utilizing the death row for convicted capital offenders who are mentally retarded must be established. Obviously, the mentally retarded are significantly different from youth who commit capital crimes or even individuals who are insane at the time of their crimes. Adolescents who commit capital crimes can mature and be rehabilitated in their thought processes and decision-making. Most experts note that juvenile delinquents typically come from a dysfunctional family and have not learned empathy for others . Empathy training has been effective in reducing recidivism rates for juveniles. Individuals who are mentally sane can also be treated. Medication and therapy can reduce the criminal’s symptoms and potentially reduce the likelihood of his or her becoming a repeat offender.

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