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Mental Disability And The Death Penalty

Author: Michael L. Perlin
Publisher: Rowman & Littlefield
ISBN: 1442200561
Size: 24.76 MB
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Michael Perlin shows how the administration of the death penalty deprives persons with mental disabilities of their constitutional rights, and how trial courts and prosecutors consciously flaunt the law. Using real life examples, he brings this often overlooked situation to light and calls for immediate change.

A Prescription For Dignity

Author: Professor Michael L Perlin
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472401700
Size: 54.32 MB
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Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.

The Death Penalty In American Cinema

Author: Yvonne Kozlovsky-Golan
Publisher: I.B.Tauris
ISBN: 1780763336
Size: 75.39 MB
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Killing as punishment in the USA, whether ordained by lynch mob or the courts, reflects a paradox of the American nation: liberal, pluralistic, yet prone to lethal violence. This book examines the encounter between the legal history of the death penalty in America and its cinematic representations, through a comprehensive narrative and historical view of films dealing with this genre, from the silent era to the present. It addresses central issues of, for example, racial prejudice and attitudes towards the execution of women, and discusses how cinema has chosen to deal with them. It also explores how such films as Michael Curtiz's 20,000 Years in Sing Sing, Errol Morris' documentary The Thin Blue Line, John Singleton's Rosewood and Frank Darabont's death-row movie The Green Mile, have helped to shape real historical developments and public perceptions by bringing into sharper relief the legal, social, and cultural tensions associated with capital punishment.

In The Shadow Of Death

Author: Elizabeth Beck
Publisher: Oxford University Press
ISBN: 9780195346305
Size: 69.97 MB
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The press called Martin's actions a "crime spree." Already convicted of armed robbery, Martin was facing the death penalty. In less than two weeks the jury would decide his fate. Terrified that his son would be sentenced to die, Phillip did the only thing he felt he could do: in an act of faith and desperation in his garage with the car exhaust running, Phillip made the consummate sacrifice to spare his son the ultimate punishment. Ironically, his suicide presented Martin's with another chance at life; the jury, moved by Martin's loss, spared his life. Phillip's story-like those of the other parents, siblings, children, and cousins chronicled in this book-vividly illustrates the precarious position family members of capital offenders occupy in the criminal justice system. At once outsiders and victims, they live in the shadow of death, crushed by trauma, grief, and helplessness. In this penetrating account of guilt and innocence, shame and triumph, devastating loss and ultimate redemption, the voices of these family members add a new dimension to debates about capital punishment and how communities can prevent and address crime. Restorative justice theory, which views violent crime as an extreme violation of relationships; searches for ways to hold offenders accountable; and meets the needs of victims and communities torn apart by the crime, organizes these narratives and integrates offenders' families into the process of transforming conflict and promoting justice and healing for all. What emerges from hundreds of hours' worth of in-depth interviews with family members of offenders and victims, legal teams, and leaders in the abolition and restorative justice movements is a vision of justice strongly rooted in the social fabric of communities. Showing that forgiveness and recovery are possible in the wake of even the most heinous crimes, while holding victims' stories sacred, this eye-opening book bridges the pain of living in the shadow of death with the possibility of a reparative form of justice. Anyone working with victims, offenders, and their families-from lawyers and social workers to mediators and activists-will find this riveting work indispensable to their efforts.

Suicide Prohibition

Author: Thomas Szasz
Publisher: Syracuse University Press
ISBN: 0815650760
Size: 11.46 MB
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In Western thought, suicide has evolved from sin to sin–and–crime, to crime, to mental illness, and to semilegal act. A legal act is one we are free to think and speak about and plan and perform, without penalty by agents of the state. While dying voluntarily is ostensibly legal, suicide attempts and even suicidal thoughts are routinely punished by incarceration in a psychiatric institution. Although many people believe the prevention of suicide is one of the duties the modern state owes its citizens, Szasz argues that suicide is a basic human right and that the lengths to which the medical industry goes to prevent it represent a deprivation of that right. Drawing on his general theory of the myth of mental illness, Szasz makes a compelling case that the voluntary termination of one’s own life is the result of a decision, not a disease. He presents an in-depth examination and critique of contemporary anti–suicide policies, which are based on the notion that voluntary death is a mental health problem, and systematically lays out the dehumanizing consequences of psychiatrizing suicide prevention. If suicide be deemed a problem, it is not a medical problem. Managing it as if it were a disease, or the result of a disease, will succeed only in debasing medicine and corrupting the law. Pretending to be the pride of medicine, psychiatry is its shame.