NCJ Number
99433
Journal
Journal of Criminal Law and Criminology Volume: 75 Issue: 3 Dated: (Fall 1984) Pages: 553-582
Date Published
1984
Length
30 pages
Annotation
This article presents arguments showing legal and moral justification for permitting death-row inmates knowingly to elect to terminate the appeals process and thereby bring on execution of the sentence.
Abstract
While case law on this issue is sparse, the courts generally have upheld prisoners waiving further appeals if they are competent and make the waiver knowingly and voluntary. In terms of moral justification, the right to terminate appeal can be considered in the same terms used by biomedical ethics. Death-row inmates have little autonomy, and the right to die may represent the only opportunity to exercise choice in determining their own fate. For the condemned, the quality of life has depreciated to little or no worth. In view of the inmates' degradation, pain, and suffering, death can bring release. Yet, studies of condemned inmates show that it is concern for others that often provides the motivation for seeking execution of the sentence. Some inmates wish to pay their just debt to society; others wish to spare their families the shame and embarrassment occasioned by their continued incarceration and attendant publicity. Included are 163 footnotes.