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1.
J Med Philos ; 47(1): 18-31, 2022 02 08.
Artigo em Inglês | MEDLINE | ID: mdl-35137170

RESUMO

The practice of health-care professional involvement in capital punishment has come under scrutiny since the implementation of lethal injection as a method of execution, raising questions of the goals of medicine and the ethics of medicalized procedures. The American Medical Association and other professional associations have issued statements prohibiting physician involvement in capital punishment because medicine is dedicated to preserving life. I address the three primary arguments against health-care professionals being involved in lethal injection (healing, trust, and nonmaleficence) and argue that they are not strong enough to prohibit physician involvement in the lethal injection process.


Assuntos
Pena de Morte , Pena de Morte/métodos , Ética Médica , Humanos , Princípios Morais , Estados Unidos
2.
J Am Acad Psychiatry Law ; 50(1): 34-38, 2022 03.
Artigo em Inglês | MEDLINE | ID: mdl-34789501

RESUMO

It is absolutely essential to consider the abject ineffectiveness of counsel in a significant number of death penalty cases involving defendants with serious mental disabilities and how such ineffectiveness is often (scandalously) accepted by reviewing courts. We must also assess all of the concerns raised in this excellent paper by Hiromoto and colleagues through the filter of therapeutic jurisprudence as a way to guide counsel to thoroughly investigate all aspects of such cases (especially those involving defendants with PTSD) and to present substantial mitigating evidence to the fact finders in the sorts of cases the authors are discussing.


Assuntos
Pena de Morte , Deficiência Intelectual , Pena de Morte/legislação & jurisprudência , Humanos
3.
J Am Acad Psychiatry Law ; 50(1): 22-33, 2022 03.
Artigo em Inglês | MEDLINE | ID: mdl-34789502

RESUMO

Posttraumatic stress disorder (PTSD) is commonly used as a mitigating sentencing factor, although how successfully it is used varies. In cases involving the death penalty, use of a PTSD diagnosis as a sentencing mitigating factor has been considered in the postconviction appeals process. This article analyzes a decade of American federal appellate case law regarding postconviction claims of ineffective assistance of counsel by capital defendants in regard to investigating and litigating trauma and PTSD. We found a high tolerance by the courts for deficient investigating, ruling against the petitioner in 20 of 23 (87%) of identified cases. The article discusses how these situations might be avoided and explores the critical role of forensic psychiatrists and mitigation specialists in investigating and presenting trauma to the court.


Assuntos
Pena de Morte , Psiquiatria , Transtornos de Estresse Pós-Traumáticos , Humanos , Aplicação da Lei , Transtornos de Estresse Pós-Traumáticos/diagnóstico , Estados Unidos
4.
J Am Acad Psychiatry Law ; 49(4): 601-609, 2021 12.
Artigo em Inglês | MEDLINE | ID: mdl-34764185

RESUMO

In Atkins v. Virginia, the U.S. Supreme Court ruled that the execution of defendants with an intellectual disability is "cruel and unusual punishment" prohibited by the Eighth Amendment. In a 6 to 3 decision, the Court noted the increasing number of states that blocked the executions of persons with an intellectual disability, reflecting the country's growing consensus that defendants with an intellectual disability are less culpable for their crimes than those without such a disability. Since this milestone decision, several subsequent cases have referenced this opinion. This article reviews other cases in which the execution of persons with an intellectual disability has been called into question, concluding with the Atkins-related appeal in Fuston v. State In that case, the Oklahoma Court of Criminal Appeals considered Oklahoma statutes regarding the bright-line cutoff by which defendants meet criteria for intellectual disability, as applied to the multiple intelligence measures that were administered to Mr. Fuston. The Oklahoma Court of Criminal Appeals determined that Mr. Fuston did not meet the criteria for intellectual disability because of his performance on a single IQ measure administered when he was 12 years old, instead of the totality of his performance on subsequent intelligence measures. Mr. Fuston was also denied 14 other, unrelated propositions on appeal, and the state reaffirmed his death sentence. Implications and recommendations for forensic practice are discussed.


Assuntos
Pena de Morte , Deficiência Intelectual , Criança , Crime , Humanos , Masculino , Decisões da Suprema Corte , Estados Unidos , Virginia
6.
Int J Drug Policy ; 92: 103155, 2021 06.
Artigo em Inglês | MEDLINE | ID: mdl-33994308

RESUMO

BACKGROUND: in recent years, many Asian countries have witnessed an intensification in populist discourses identifying the death penalty as a central tool of drug control, with public opinion surveys referred to as invaluable evidence of public support for the death penalty. This paper will address the claim that the public supports capital punishment, and the role of surveys in shaping this discourse. METHODS: review of thirty-nine public opinion surveys on the death penalty carried out in five Asian countries which retain the death penalty for drugs or are considering re-introducing it. The review was conducted by analysing and comparing design, methodology, findings, and the relationship between these elements. RESULTS: all but two surveys recorded a majoritarian support for the death penalty, driven by beliefs in (a) deterrent effect of the death penalty, and (b) perfect justice - both disproven. Complex surveys found a low intensity of support, and a limited interest and knowledge by the public in capital punishment. Support for capital punishment is lower for drug offences specifically, and it decreases significantly when expressed with reference to real-life cases. Limited data suggest that the public in the focus countries has reservations on the effectiveness of the death penalty to reduce drug offences, and prefers a discretionary system of punishment. The analysis also revealed correlations between the framing of survey questions and their findings. CONCLUSION: Public opinion surveys conducted in China, Malaysia, the Philippines, Singapore, and Thailand suggest that the public knows little and has little interest in the death penalty. Although majoritarian, its support is based on a faulty understanding of key facts related to capital punishment, and an increase in knowledge is correlated to a decrease in support. More rigorous polling exercises demonstrate that public support for capital punishment - both in general and for drug offences specifically - is instinctive, abstract, elastic, and contextual.


Assuntos
Pena de Morte , Preparações Farmacêuticas , China , Humanos , Malásia , Filipinas , Opinião Pública , Singapura , Tailândia
7.
Int J Drug Policy ; 92: 103265, 2021 06.
Artigo em Inglês | MEDLINE | ID: mdl-33962834

RESUMO

In 2014, newly-elected President Joko Widodo announced that Indonesia was facing a national 'emergency' due to high levels of drug use that necessitated harsh criminal justice responses, including the ultimate punishment of death. On April 29, 2015 Indonesia executed eight prisoners condemned to death for drug-related offences, including seven foreigners, eliciting widespread international criticism. This commentary explores the strategies employed and obstacles faced by national anti-death penalty advocates that opposed the 2015 executions, primarily focusing on their efforts between 2015 and 2017. We begin by highlighting existing political narratives that make the death penalty an attractive option for the Indonesian government, before discussing key approaches employed as part of anti-death penalty efforts. It is hoped that a better understanding of existing efforts to promote abolition and the challenges associated with these approaches will help inform a more systematic and evidence-based approach to policy, practice, and discourse on the death penalty for drug-related offences in Indonesia.


Assuntos
Pena de Morte , Preparações Farmacêuticas , Dissidências e Disputas , Governo , Humanos , Indonésia , Políticas
8.
Am J Public Health ; 111(S2): S107-S115, 2021 07.
Artigo em Inglês | MEDLINE | ID: mdl-33984244

RESUMO

Objectives. To investigate racial/ethnic differences in legal intervention‒related deaths using state-of-the-art topic modeling of law enforcement and coroner text summaries drawn from the 2003-2017 US National Violent Death Reporting System (NVDRS). Methods. Employing advanced topic modeling, we identified 8 topics consistent with dangerousness in death incidents in the NVDRS death narratives written by public health workers (PHWs). Using logistic regression, we then evaluated racial/ethnic differences in PHW-coded variables and narrative topics among 4981 males killed by legal intervention, while adjusting for age, county-level characteristics, and year. Results. Black, as compared with White, decedents were younger and their deaths were less likely to include PHW-coded mental health or substance use histories, weapon use, or positive toxicology for alcohol or psychoactive drugs, but more likely to include "gangs-as-an-incident-precipitant" coding. Topic modeling revealed less frequent thematic representation of "physical aggression" or "escalation" but more of "gangs or criminal networks" among Black versus White decedents. Conclusions. While Black males were more likely to be victims of legal intervention deaths, PHW-coded variables in the NVDRS and death narratives suggest lower threat profiles among Black versus similar White decedents. The source of this greater risk remains undetermined.


Assuntos
Afro-Americanos/estatística & dados numéricos , Agressão/psicologia , Pena de Morte/estatística & dados numéricos , Pena de Morte/tendências , Racismo/tendências , Violência/estatística & dados numéricos , /estatística & dados numéricos , Adolescente , Adulto , Afro-Americanos/psicologia , Idoso , Idoso de 80 Anos ou mais , Causas de Morte , Criança , Comparação Transcultural , Previsões , Humanos , Modelos Logísticos , Masculino , Pessoa de Meia-Idade , Racismo/psicologia , Racismo/estatística & dados numéricos , Estados Unidos , Violência/psicologia , Adulto Jovem
9.
Lancet ; 397(10284): 1531-1532, 2021 04 24.
Artigo em Inglês | MEDLINE | ID: mdl-33894822
10.
Int J Drug Policy ; 92: 103168, 2021 06.
Artigo em Inglês | MEDLINE | ID: mdl-33608208

RESUMO

BACKGROUND: This paper articulates and problematises the 'exceptionalism' in the way shabu (crystal methamphetamine) is framed in political and popular discourse in the Philippines, and how these framings have informed and enabled the drug regime in the country, creating a 'state of exception' and justifying the killing-whether extrajudicially or through the death penalty-of people associated with the particular drug. METHODS: Two case studies are presented in this paper to demonstrate how political and civil society actors treat shabu, drawing on official statements, journalistic reportage, and published articles from various sources as empirical material, and using a problematisation framework to guide analysis. DISCUSSION: 'Methamphetamine exceptionalism' pervades public discourse in the Philippines, creating a social and political environment that is permissive for, if not outright supportive of, draconian measures particular toward people associated with shabu. Such views are rooted in the perception that shabu is especially dangerous as opposed to other drugs, thereby posing an exceptional threat to the body politic. CONCLUSION: This paper underscores the importance of nuance in constructing and interrogating the objects of drug policy, given that different drugs are treated differently. Policy and communication interventions must therefore specifically address the ways in which shabu has been framed to justify not only Duterte's deadly drug war, but other such wars throughout the region.


Assuntos
Pena de Morte , Metanfetamina , Homicídio , Humanos , Filipinas , Política Pública
11.
Int J Drug Policy ; 92: 103167, 2021 06.
Artigo em Inglês | MEDLINE | ID: mdl-33627303

RESUMO

BACKGROUND: Research into capital punishment has focussed on the length of time it will take to abolish. It will take decades or centuries. A key moment in the movement to abolish the death penalty was the 1980s when the Second Optional Protocol to the ICCPR was developed. This was also the decade that the last significant changes were made to the United Nations drug conventions. At the time, awareness of the issue of capital punishment for drug offences was increasing around the world as more people were getting executed. This article looks at how western countries and the United Nations responded to Malaysia which introduced the mandatory death penalty for drug offences in 1982. METHODS: Over 30,000 pages of documents have been accessed through the National Archives of Australia in Canberra. These have been photographed, scanned and converted to OCR. The most relevant folders have then been analysed through NVivo 12 to look for relevant mentions of the research question: capital punishment and Malaysia. All probative data is then presented in the article. RESULTS: The data from National Archives suggests that the UN, Australia, and other western countries were happy to continue supporting Malaysia's drug policy and to elect it to high positions at UN meetings despite their public proclamations that they were opposed to the death penalty. CONCLUSION: Applying a critical juncture approach, the article concludes that the 1980s was a critical juncture in the movement to abolish the death penalty but abolitionist countries allowed capital punishment to continue for drug offences. This may have set back the abolition movement by decades.


Assuntos
Pena de Morte , Preparações Farmacêuticas , Austrália , Humanos , Malásia , Nações Unidas , Estados Unidos
12.
Int J Offender Ther Comp Criminol ; 65(16): 1823-1846, 2021 12.
Artigo em Inglês | MEDLINE | ID: mdl-33349083

RESUMO

Research exploring attitudes toward the death penalty is common in the field of criminal justice. Additionally, a substantial body of literature has examined public perceptions of sex offenders and punishment in the U.S. Unfortunately, few studies have sought to examine perceptions of the death penalty in relation to sexual offending. This study contributes to the literature by examining perceptions of the college students at a mid-sized university in the Southeastern United States as they relate to support for the death penalty in cases of sexual assault across victim age categories. Findings suggest that respondent perceptions are shaped by biological sex, political affiliation, college major, fear of crime, and parents' level of education, and these relationships are uniform across victim age categories. Further, support for the death penalty appears inversely related with victim age.


Assuntos
Pena de Morte , Vítimas de Crime , Estupro , Delitos Sexuais , Humanos , Estudantes
13.
Int J Drug Policy ; 88: 103043, 2021 02.
Artigo em Inglês | MEDLINE | ID: mdl-33227639

RESUMO

In several nations in Southeast Asia, illegally importing, exporting, trading, or possessing drugs is a capital offence. Like China, another communist state in Asia, Vietnam imposes its harshest legal punishments for drug-related crimes, though many international opponents have continued to call for the abolishment of these inhumane sentences. Using grey literature, reports by international observers, and informal interviews with colleagues, the present article explores the policies and provisions of Vietnam's Party-State in regulating capital punishment for drug offences, situating Vietnam's sentencing practices in the context of legislative reviews, international obligations, and humanitarian perspectives. Assessing the arguments put forward by abolitionists, retentionists, and supporters of de facto abolition allows for a more comprehensive understanding of Vietnam's stance toward the Second Optional Protocol of the International Covenant on Civil and Political Rights (ICCPR), which is aimed at abolishing the death penalty in the future. The article concludes with a call for further action, outlining some basic recommendations on how the Vietnamese can keep their promises to reduce, and ultimately abolish, impositions of the death penalty for drug-related crimes.


Assuntos
Pena de Morte , Preparações Farmacêuticas , Ásia , Ásia Sudeste , China , Humanos , Vietnã
14.
Cas Lek Cesk ; 159(5): 211-218, 2020.
Artigo em Inglês | MEDLINE | ID: mdl-33297710

RESUMO

Prisons were places where prisoners lost a part of their freedom and sometimes also health or even life. If they returned to normal life, re-socialization was not the worst problem. For many of them, it was challenging to find a way how to live on despite permanent health issues that led to decreased workability or even invalidity. In infectious illnesses like tuberculosis or typhoid fever, a released prisoner acted as a source of infection for their relatives, possibly causing worst health issues than he underwent himself. The cruel reality of historical penology can be demonstrated through death registries of two prisons of Prague - St. Wenceslas Prison and Pankrác Prison.


Assuntos
Pena de Morte , Prisioneiros , Humanos , Masculino , Prisões
15.
J Am Acad Psychiatry Law ; 48(4): 581, 2020 12.
Artigo em Inglês | MEDLINE | ID: mdl-33361176
16.
PLoS One ; 15(10): e0240401, 2020.
Artigo em Inglês | MEDLINE | ID: mdl-33108793

RESUMO

We demonstrate strong self-referential effects in county-level data concerning use of the death penalty. We first show event-dependency using a repeated-event model. Higher numbers of previous events reduce the expected time delay before the next event. Second, we use a cross-sectional time-series approach to model the number of death sentences imposed in a given county in a given year. This model shows that the cumulative number of death sentences previously imposed in the same county is a strong predictor of the number imposed in a given year. Results raise troubling substantive implications: The number of death sentences in a given county in a given year is better predicted by that county's previous experience in imposing death than by the number of homicides. This explains the previously observed fact that a large share of death sentences come from a small number of counties and documents the self-referential aspects of use the death penalty. A death sentencing system based on racial dynamics and then amplified by self-referential dynamics is inconsistent with equal protection of the law, but this describes the United States system well.


Assuntos
Pena de Morte/estatística & dados numéricos , Estudos Transversais , Humanos , Modelos Teóricos , Estados Unidos/epidemiologia
17.
Anthropol Anz ; 77(4): 333-344, 2020 Nov 30.
Artigo em Inglês | MEDLINE | ID: mdl-32990718

RESUMO

This paper focuses on an unusual Pre-Hispanic burial, 11-12th century cal AD, from Fuerteventura Island. The pattern of injuries of the skeletal remains, together with the grave's features suggest exceptional circumstances of death and funerary treatment differing from those commonly observed elsewhere among the indigenous population of the Canary Archipelago. The study first uses forensic anthropology techniques to characterise the individual's injuries before turning to archaeological and ethno-historical records of the indigenous populations to identify the potential scenarios explaining the fatal injuries. The nature of the peri-mortem lesions, especially those to the head, is consistent with an intention to kill. This case provides an opportunity to analyze the mechanisms of violence in a society with strong environmental limitations and conditions of isolation, as well as to deepen the concept of justice in ancient times.


Assuntos
Pena de Morte , Sepultamento , Humanos , Espanha , Violência
18.
Behav Sci Law ; 38(4): 381-405, 2020 Jul.
Artigo em Inglês | MEDLINE | ID: mdl-32738090

RESUMO

Mentally ill and emotionally disturbed offenders comprise a significant component of those whose criminal conduct has swept them into the criminal justice system, including a subset who are tried and convicted of capital murder. The present study employs the population of capital cases advanced to penalty phase in the state of North Carolina (1990-2009) to examine whether presentation to the jury of the statutory mitigators of extreme mental and emotional disturbance and capacity impaired, and specific mental illness diagnoses, often referred to as mental disorders, at the sentencing phase mitigate against a sentence of death. Mental disorders included mood disorders, psychotic disorders, anxiety disorders, brain disorders, multiple mental illness diagnoses, learning disabilities, and personality disorders. Results from these 835 cases indicate that with the exception of one, the diagnosis of a learning disability, the capital jury's acceptance of various mental health conditions does not effectively mitigate against a capital sentence. In addition, jury rejection of a diagnosis of mental illness or the two mental health statutory mitigators, capacity impaired and extreme emotional disturbance, as a mitigating factor has a counter-mitigating effect in that it significantly increases the odds of a death penalty recommendation by about 85-200%.


Assuntos
Pena de Morte , Aplicação da Lei , Pessoas Mentalmente Doentes , Criminosos , Homicídio , Humanos , Masculino , Transtornos Mentais/epidemiologia , Pessoas Mentalmente Doentes/psicologia , North Carolina , Psiquiatria
19.
Proc Natl Acad Sci U S A ; 117(34): 20474-20482, 2020 08 25.
Artigo em Inglês | MEDLINE | ID: mdl-32778580

RESUMO

How likely is it that someone would approve of using a nuclear weapon to kill millions of enemy civilians in the hope of ending a ground war that threatens thousands of American troops? Ask them how they feel about prosecuting immigrants, banning abortion, supporting the death penalty, and protecting gun rights and you will know. This is the finding from two national surveys of Democrats and Republicans that measured support for punitive regulations and policies across these four seemingly unrelated issues, and a fifth, using nuclear weapons against enemy civilians (in survey 1) or approving of disproportionate killing with conventional weapons (in survey 2). Those who support these various policies that threaten harm to many people tend to believe that the victims are blameworthy and it is ethical to take actions or policies that might harm them. This lends support to the provocative notion of "virtuous violence" put forth by Fiske and Rai [A. P. Fiske, T. S. Rai, Virtuous Violence: Hurting and Killing to Create, Sustain, End, and Honor Social Relationships (2014)], who assert that people commit violence because they believe it is the morally right thing to do. The common thread of punitiveness underlying and connecting these issues needs to be recognized, understood, and confronted by any society that professes to value fundamental human rights and wishes to prevent important decisions from being affected by irrelevant and harmful sociocultural and political biases.


Assuntos
Guerra Nuclear/psicologia , Política , Punição/psicologia , Violência/psicologia , Adolescente , Adulto , Pena de Morte , Desumanização , Feminino , Humanos , Masculino , Pessoa de Meia-Idade , Armas Nucleares , Distância Psicológica , Adulto Jovem
20.
J Am Acad Psychiatry Law ; 48(4): 530-535, 2020 12.
Artigo em Inglês | MEDLINE | ID: mdl-32675330

RESUMO

This article summarizes the evolution of the U.S. Supreme Court's standard for assessing defendants' competency for execution. In Ford v. Wainwright (1986), the Court categorically exempted insane defendants from execution but failed to agree on how to define insanity. In Panetti v. Quarterman (2007), the Court ruled that defendants may be executed only if they rationally understand why they are being punished. In its most recent decision, the Supreme Court ruled in Madison v. Alabama (2019) that defendants who cannot remember committing the original crime may be executed, but dementia may prevent defendants from rationally understanding why they are being punished. The Court remanded the case to Alabama's trial court with instructions to re-determine Mr. Madison's competency. This article concludes by recommending best practices for those who evaluate defendants for competency to be executed.


Assuntos
Pena de Morte/legislação & jurisprudência , Demência/psicologia , Psiquiatria Legal , Competência Mental/legislação & jurisprudência , Avaliação de Sintomas/normas , Humanos , Masculino , Decisões da Suprema Corte , Estados Unidos
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