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MEDICATE TO EXECUTE: CONSTITUTIONAL AND ETHICAL CONSIDERATIONS
Title
MEDICATE TO EXECUTE: CONSTITUTIONAL AND ETHICAL CONSIDERATIONS.
Creator
Schultz, Adam, Cronon, Chad, University of Central Florida
Abstract / Description
The United States Supreme Court has not yet examined several aspects of the death penalty. One aspect is the ability for the state to forcefully medicate an incompetent inmate, which may result in the inmate appearing competent for execution. While the Supreme Court' ruled that it is unconstitutional to execute an inmate who is incompetent, inmates who would have had their executions vacated due to mental illness are executed because the state can put them on an involuntary medication regimen...
Show moreThe United States Supreme Court has not yet examined several aspects of the death penalty. One aspect is the ability for the state to forcefully medicate an incompetent inmate, which may result in the inmate appearing competent for execution. While the Supreme Court' ruled that it is unconstitutional to execute an inmate who is incompetent, inmates who would have had their executions vacated due to mental illness are executed because the state can put them on an involuntary medication regimen. According to many experts, involuntary medication regimens mask the affects of their illness instead of providing a cure. Experts often refer to this practice as the "chemical straitjacket." Because the effects of antipsychotic medication, inmates may be sedated to a point where they appear competent, but in reality, they are sedated to a point where their mental illness is still present yet undetectable. As a result, placing condemned inmates on involuntary medication regimens has the possibility to violate the inmate's Fifth, Sixth, Eighth and Fourteenth Amendment rights. The intent of this thesis is to examine whether the Supreme Court has successfully upheld its duty to promote a fair judicial system by allowing the medicate to execute scheme to continue. Through the analysis of case law, law review articles, and the American Constitution, this thesis will evaluate the treatment of condemned inmates who show signs of incompetence. Through analysis, this thesis aims to raise awareness to an issue that, in the opinion of this writer, deserves the attention of American courts and other governing bodies.
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Date Issued
2012
Identifier
CFH0004227, ucf:44960
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004227
Estimating the Effects of Condemned Inmates' Last Statements on Public Opinion About the Death Penalty: A Factorial Survey Approach
Title
Estimating the Effects of Condemned Inmates' Last Statements on Public Opinion About the Death Penalty: A Factorial Survey Approach.
Creator
Colyer, Timothy, Wright, James, Corzine, Harold, Jasinski, Jana, Pals, Heili, Bohm, Robert, University of Central Florida
Abstract / Description
There has been an increase in writings that address the last statements of condemned offenders. Many of these writings suggest that exposure to the humanity sometimes exhibited in these last statements may steer public opinion against the death penalty. This dissertation tests this suggestion by exposing 400 participants to randomly generated vignettes containing various capital crimes, demographic characteristics, and last statements. The survey data are analyzed utilizing multilevel...
Show moreThere has been an increase in writings that address the last statements of condemned offenders. Many of these writings suggest that exposure to the humanity sometimes exhibited in these last statements may steer public opinion against the death penalty. This dissertation tests this suggestion by exposing 400 participants to randomly generated vignettes containing various capital crimes, demographic characteristics, and last statements. The survey data are analyzed utilizing multilevel modeling. Study results include the effects of varying levels of demonstrated humanity in the last statements of condemned offenders on public opinion, and whether specific demographic characteristics appear to influence study participant responses. Findings showed no statistically significant results that indicate any effect on death penalty opinion as a result of reading last statements demonstrating humanity. Condemned inmates who did not provide a statement, or stated they had nothing to say, elicited higher levels of confidence that executing them was the right thing to do. Condemned inmates who claimed innocence in their last statements were associated with the lowest level of respondent confidence that execution was the right thing to do, and a higher level of support for life without parole as an alternative punishment. Recommendations for further research are discussed.
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Date Issued
2012
Identifier
CFE0004338, ucf:49437
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0004338
THE DEATH PENALTY DEBATE:A CRITICAL EXAMINATION OF THE MORAL JUSTIFICATIONS FOR CAPITAL PUNISHMENT
Title
THE DEATH PENALTY DEBATE:A CRITICAL EXAMINATION OF THE MORAL JUSTIFICATIONS FOR CAPITAL PUNISHMENT.
Creator
Mann, Whitley, Coverston, Harry, University of Central Florida
Abstract / Description
ABSTRACT Capital punishment is a forceful moral issue that is frequently overlooked. This is possibly due to the reverence many have toward the rule of law or a passive acceptance of the status quo. In this thesis I will begin with a discussion of context to the topic of the death penalty in order to address potential biases. Then I examine not only the ethical merit of the death penalty but the foundational justifications for a system of criminal justice to show that the special relationship...
Show moreABSTRACT Capital punishment is a forceful moral issue that is frequently overlooked. This is possibly due to the reverence many have toward the rule of law or a passive acceptance of the status quo. In this thesis I will begin with a discussion of context to the topic of the death penalty in order to address potential biases. Then I examine not only the ethical merit of the death penalty but the foundational justifications for a system of criminal justice to show that the special relationship between the state and its citizens does not lend itself to or allow for the instantiation of the death penalty. I look first to several theories of punishment selecting the most viable theory in order to make the most plausible case in favor of the death penalty. From there I establish that there is some intuitive merit to the notion that the vicious deserve unhappiness and see how far that intuition might extend. In this section I examine the merits and demerits of Kantian retributivism in order to address the many intricate ethical and political issues involved in the death penalty debate. I've chosen the Kantian ethical framework because of the nuance with which many of the problems of retribution are solved. Kant insets the enlightenment principles into his moral framework and provides reasoned explanations for there insistence, as such his work provides a background from which I will work through details and resolve contradictions. I will then make an argument for the moral personhood of the state and sketch the special relationship it has to its citizens. Finally I will offer a system that incorporates the ideas developed in the previous sections and gives a practical answer to the death penalty debate. It is my ultimate argument that there is no absolute ban on the death penalty, possibly even some intuitive merit to the scheme, but ultimately many moral limitations on its implementation.
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Date Issued
2015
Identifier
CFH0004742, ucf:45342
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004742