NCJ Number
154211
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 22 Issue: 1 Dated: (1994) Pages: 95-108
Date Published
1994
Length
14 pages
Annotation
This article examine several recent U.S. Supreme Court rulings regarding the death penalty, specifically those that will affect the ethical decisions made by psychiatrists who may be called to offer expert testimony in a capital case.
Abstract
The Court has ruled that the Eighth Amendment prohibits the execution of defendants who are unable, because of mental incompetency, to understand the reasons for their punishment. A mentally ill offender may forcibly be given medication if he presents a danger to himself or other others. However, forced neuroleptics may not be used during the trial and sentencing hearing if they will potentially change the defendant's behavior significantly enough to affect his defense. Aggravating psychological factors affecting a convicted defendant may be weighed against mitigating factors in deciding whether to impose the death penalty. The Court holds that the psychological impact of the crime upon the victim's family may be introduced during the sentencing hearing. Finally, adolescents and retarded convicts are not immune from capital punishment solely by virtue of their age or level of intelligence. 45 references