Ok, if a person has a psychological problem &committs a crime, is the capital punishment then cruel & unusual?

Question

Another question that I would like answered for my essay. And where does one stand on this point?

Answer 1

In 1986 the US supreme court stated that the xecution of the insane was prohibited by the 8th amendement which bans cruel and unusual punishment. There have actually been loads of cases in which the supreme court haven't been true to the 8th amendment though.
-The Michael Carneal case at Heath High School in West Paducah, Kentucky in 1997
-Christopher Pittman 12 years old sentenced to 30 years for killing his grandparents.
-Andrea Yates drowned her 5 children while suffering from post-partum depression.

My position is that people suffering from mental illness's should not be punished using the same methods as an average individual but should go to rehabilitation or counselling etc. There are many methods in todays society to try and get rid of/ prevent mental diseases. I personally believe that they were driven by some unconscience thought to commit the crimes whereas if they were in a normal state they wouldn't have done it. I believe to punish them equally would not be fair, however they need some guidance.

Answer 2

To me, capital punishment of anyone is cruel and unusual. It is premeditated murder, as brought out in Truman Capote's book, 'In Cold Blood.' In the U.S., people with IQ's 60 and below have been executed, as have people under the age of majority and certainly those with psychological issues and limited capacity. Read the book, "Among the Lowest of the Dead" about capital punishment in Florida. Considering the men on death row who were exonerated, capital punishment would have certainly been cruel and unusual.

Answer 3

you're describing 2 styles of justice. One is preventative and the different is only punishing the to blame person after the actuality. If we are able to, we constantly attempt to stay away from crime and tresspass so we wont would desire to punish undesirable habit. Christians certainly for the main area are FOR captial punishment on account that is written in Biblical regulation. the those that many times have the subject with it are liberals who by ability of distinctive function of their many ideals are no longer Christians.

Answer 4

in such a case i think that the court will consider about the psychological problem of the criminal and accordingly it will decide 2 kee the prisioner in mental hospital & would ask the doctors 2 start the treatment.as the person in such a condition doesnt know what he is doing?&whether the result is bad or not or troublesome.if the person is really psychic then he will surely tell clearly what he has done when asked properly

Answer 5

using and proving a psychological or psychiatric defense is not always easy and if found guilty the jury may not take this into consideration as many are cynical that the truth is being told. i think this is a bit sad, having said that if you are temporarily mentally incapacitated it is quite different to someone who is a pyschopath, for them there is no hope of rehabiliation and they will forever remain a danger to society, so the full strength of the law should be applied.

Answer 6

No. However I've seen it done where they just go to a mental health facility for the rest of their lives. I believe killing is killing - it is wrong, but that's just me.