8th Amendment Capital Punishment

Some say mental illness is an invisible disease, one that begins to eat someone from the inside out. Being mentally ill comes in many different forms: from basic depression and anxiety, to schizophrenia and depersonalization. These disorders can make a person feel as though they are losing control over what they are doing, as well as losing sight on what makes them normal. Mental illness can make a person do things that a normal person would not do, simple because of a person 's moral and ethical values. Sometimes, however, a person who is mentally ill commits crimes that are unforgivable. So, in lieu of these crimes, does that mean that the mentally ill should be punished, to the extremes of the death penalty, or should they be forced into

In today’s day and age, a person does not get put to death for just any crime. A recurring argument against the death penalty is that sentencing a defendant to death violates the Eighth Amendment’s prohibition. The Eighth Amendment protects against cruel and unusual punishment. Mental illness is expressly recognized as a mitigating factor in most death penalty statutes. The Supreme Court came to the conclusion in the case of Ford vs. Wainwright that the use of cruel and unusual punishment under the Eighth Amendment to execute a person whose mental state renders understanding of capital punishment is impossible. Yet, there is a significant proportion of death row inmates are mentally ill and the research evidence found suggests that mental illness is often, in fact, an aggravating factor as far as capital sentencing bodies are concerned. The Supreme Court eventually came to the conclusion of this: “If it is cruel and unusual punishment to hold convicted criminals in unsafe conditions, it must be unconstitutional to confine the involuntarily committed - who may not be punished at all - in unsafe conditions” (French, 2005) There are rights that each individual has, and there needs to be guidelines to make sure each person is treated fairly, even if they do not deserve such

Most mentally ill people who are convicted on capital charges should not be executed, for three such reasons. Firstly, the executions would violate equal protection of the laws in any jurisdiction in which execution of children and people with mental illness of any kind that psychologically cannot fully comprehend what they are committing is barred. Secondly, many death sentences imposed on people with mental illness violate due process more so because their mental illness is treated by the aggravating factor, either directly or to create a separate aggravating circumstance. Thirdly, many mentally ill offenders, who are sentenced to death, will be so impaired to what is fully going on at the time of execution that they can not emotionally understand the significance of their punishment. Thus, they cannot be executed under the eighth amendment; Regarding this, the latter conclusion is required even if they are cured through some sort of treatment. Given the unethical and medically inappropriate role, such treatment casts mental health