Capital Cases: Roles of Forensic Psychology

Roles of forensic psychologist in a capital case Capital cases –Capital means “head” in Latin Punishment involves severing the head from the body –An evaluation involving clarification of aggravating and mitigating factors. To determine whether punishment is death or life imprisonment

Roles of forensic psychologist in death penalty Competency for an inmate on death row to be executed. –Is this evaluation for competency necessary? –Does it really matter? –Why?

Death Penalty Currently 37 States and the Federal government have provision for the death penalty. –Most common is lethal injection, which is to be “executed” by correctional personnel, not medical personnel. –In Georgia, female death row is housed in Metro State Prison; n = 1 –In Georgia, male death row is housed in GA. Diagnostic and Classification Prison; n = about 107.

Death Penalty The United States Supreme Court has made numerous rulings related to the use of capital punishment (death penalty).

Death Penalty: Wilkerson v Utah (1879) Execution as prescribed by territorial (or state) statute does not constitute cruel and unusual punishment.

Death Penalty: Francis v. Resweber (1947) Re-execution after a failed attempt does not constitute double jeopardy.

Death Penalty: Gregg v. Coker (1977) Reaffirmed the Supreme Court's acceptance of the use of the death penalty in the United States.

Death Penalty: Coker v. Georgia (1977) Under Eighth Amendment, it is held that the death penalty is an unconstitutional punishment for rape of an adult woman when the victim is not killed. Death is reserved for only homicide cases.

Death Penalty: Ford v. Wainwright (1986) Execution of individuals who have mental illness is banned under the Eighth Amendment. Ruling did not prohibit the provision of the death penalty, but on the inmates’ mental condition at the time of the imposition of death.

Death Penalty: McClesky v Kemp (1987) Racial disparities not recognized as a constitutional violation of "equal protection of the law" unless intentional racial discrimination against the defendant can be shown. Case by case basis Statistics showing racial disparity is based on group data.

Death Penalty: Lowenfield v Phelps (1988) Found that the function of restricting the class of murderers eligible for capital punishment can be accomplished by explicit law or by findings of aggravating circumstances

Death Penalty: Thompson v Oklahoma (1988) Executions of offenders age fifteen and younger at the time of their crimes is unconstitutional under Eighth Amendment.

Death Penalty: Ring v Arizona (2002) A death sentence where the necessary aggravating factors are determined by a JUDGE violates a defendant's constitutional right to a trial by jury. Consideration of death is made by the jury, not judge.

Death Penalty: Atkins v Virginia (2002) The execution of mentally retarded defendants violates the Eighth Amendment's ban on cruel and unusual punishment. Mental retardation = IQ < 70 on a standardized intelligence test and deficiency in adaptive functioning/living skills, such as communication, grooming, money management, etc. Adaptive functioning skills – describe levels of mental retardation

Death Penalty: Roper v Simmons (2005) The death penalty for those who had committed their crimes under 18 years of age is cruel and unusual punishment and violates the Eighth Amendment.

Death penalty: Kansas v Marsh (2006) States not prohibited from imposing the death penalty when mitigating and aggravating sentencing factors were both present.

Death penalty - In Ring v. Arizona (2002), the US Supreme Court ruled that the ultimate decision for a penalty of death is solely up to the jury—not the decision of the trial judge. In Wiggins v. Smith (2003), lawyers are expected to fully inquire about and investigate the existence of mitigating factors in death penalty cases.

Mitigating and Aggravating factors in Capital cases When the defendant is found guilty of first- degree murder, the jury must weigh the circumstances of factors, leading to the decision of death or the decision of life imprisonment. Each state has its own list of Mitigating and Aggravating factors.

Aggravating factors Any relevant circumstances supported by evidence presented during the trial, that makes the harshest penalty appropriate, in the judgment of the jurors.

Mitigating factors Any evidence presented regarding the defendant’s character or the circumstances of the murder, which would cause a juror to vote for a lesser sentence, i.e. life imprisonment, instead of death.

Typical Aggravating Factors Victim is an elderly person or a minor. Perpetrator causing incremental pain to the victim (s). Tortured murder. Defacing the body. Committing a murder in the process of another felony. Murdering a witness. Hiring someone to commit the murder. Committing a murder for profit. Killing a police officer who is in uniform.

Typical Mitigating Factors Absence of previous violence by the perpetrator. Defendant was mentally ill, but the severity of the mental illness does not raise to the level required for insanity plea. Alcohol or drug involvement. LOCKETT factor –Any factor unique to the case that can be offered as a mitigating factor.

Death Penalty Jury decision in whether the murder could be tried as a capital case. All 12 jurors have to agree on the aggravating factor (s). Only 1 juror on mitigating factor (s). Decision making is –# of Aggravating factors > # of Mitigating factors, then yes, a capital case! –If not, not a capital case.

Death Penalty Date of the execution is set by the Governor of the state. Execution is implemented by correctional personnel not by medical personnel.

Death Penalty The Eighth Amendment –Prohibition against cruel and unusual punishment. –Justices Brenan and Marshall always opined capital punishment violates the 8 th amendment. –Understands the relationship between the crime and the punishment. Should a defendant who does not understand the consequences of the punishment be executed? Mental illness, Mental Retardation, and Children in death penalty cases.

Death Penalty Mental illness –How sane should a death-row inmate be before he or she is executed? –The issue is not the concept of insanity defense. –The issue is not the sentence itself (death penalty). –The issue is “does the inmate appreciate the physical finality of death, i.e., the understanding the punishment or consequence of his/her convicted offense?” Mental Retardation Ricky Ray Rector in 1992 for police homicide. IQ of a 5 year old following suicide attempt Virginia v. Atkins (2002) –Prohibits execution of the mentally retarded.

Death Penalty Children sentenced to die –Does the child possess the maturity and ability to understand the consequence of the punishment? –Currently, 25 states permit the execution of individuals under the age of 18. Should the sentence of death penalty be converted to life imprisonment in defense- related cases of mental illness, mental retardation, and children? Does the 8 th amendment apply to these cases?

Review for the final examination All lecture slides post midterm test Lecture on conflicts between law and psychology. –How truth is determined in psychology and in law? C6: The insanity defense Read chapter and lecture. C7: Diminished Capacity and beyond Go over chapter and class lecture

Review for the Final Examination Lecture on prediction of suicide, risk assessment, and psychopathy. Lecture on civil aspects of forensic psychology –Guardianship and Conservatorship Article on child molestation M-FAST (class team assignment last week) Lecture on Death penalty

Have a good week and a greater weekend!