Does the Eighth Amendment permit the execution of a death row inmate who has factual awareness of the reason for his execution but who, because of severe mental illness (documented), has a delusional belief as to why the state is executing him, and thus does not appreciate that his execution is intended to seek retribution for a capital crime?
I know I will get some dweebish answers, but hope that you will challenge yourself to understand the question, before answering.
See, Panetti v. Quarterman, cert granted, 2007 WL 30552 (2007), decision below 448 F.3d 815 (5th Cir. 2006)
2007-08-17 12:33:41 · 1 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your question is basically, is capital punishment "Cruel and unusual" if the person does not understand why he is being executed.
I believe that if the person is competent to stand trial in the first place, they DO have sufficient understanding of the crime and the punishment. This is obviously NOT a legal opinion.
2007-08-17 13:25:01 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋