Death Penalty for the Mentally Ill - Free Essay Example

Sample details Pages: 5 Words: 1441 Downloads: 2 Date added: 2017/09/14 Category Advertising Essay Tags: Death Penalty Essay Did you like this example? The Psychologist JoAnna A. De Leon May 19, 2010 CJ233: Introduction to Forensic Psychology INSTRUCTOR: Janice Walton To determine the mental status and competency of an individual, one must spend time to question and study the person, definitely spend more than 10 minutes with the patient. Many laws have been established and put into place to protect the young, the old, the innocent and the mentally ill. Trial competence is different from being criminally responsible for your actions. Trial competence refers to the current ability of the defendant to understand and participate in the trial process. The United States Constitution states that a person accused of a crime must be given the opportunity to appear and be present at his trial as well as to face their accuser. The physical presence of oneself is not sufficient or acceptable to be tried in court, a defendant must be mentally present as well. Don’t waste time! Our writers will create an original "Death Penalty for the Mentally Ill" essay for you Create order Specific criteria’s vary from state to state and federal jurisdiction but is all similar in the fact that if a defendant does not understand the charges being brought against himself, the proceedings that are taking place, or the ultimate outcomes of the trial, than he will not be able to reasonable assist in his own defense, in which he will be considered to be incompetent to stand trial. The state of Texas accounts for approximately two thirds of all executions in the United States since 1977, and of those executions, Texas is also considered to be ranked in the top for executions of mentally impaired prisoners. The state of Texas has killed at least twenty-four mentally retarded or mentally ill prisoners who were diagnosed with illnesses ranging from schizophrenia to post traumatic stress disorder and even brain damage. In 2000, the Texas Attorney General, John Cornyn claimed that the Texas justice system â€Å"offers no less than five separate procedural protections for capital murder defendants who may have any form of mental incapacity†. He stated there is a â€Å"five layered system of safeguards ensuring due process for all mentally impaired defendants† which consist of he following: * No person may be put to trial unless he is mentally competent to understand the charges against him and to assist his attorneys at trial * No person may be convicted of a crime unless the state proves beyond a reasonable doubt to the jury that the defendant intended to commit the criminal act * It is a defense to prosecution for a crime if a defendant shows he was mentally unable to know th at his conduct was wrong * In the punishment phase of a capital murder case, a defendant may present to the jury any and all evidence of mental impairment in mitigation against a death sentence * A death row inmate cannot actually be executed unless he is mentally competent, which means that he understand that he is going to be executed and the reasons why Hundreds of prisoners that have already been condemned, were executed without ever being given a thorough psychiatric evaluation. Many mentally ill defendants have been allowed to act as their own defense counsel, waive their rights to appeal and have even been allowed to volunteer to be executed. Some prisoners have even given medications so that they could be â€Å"sane† or â€Å"competent† enough to be aware of what was happening to them when being executed. While researching this subject, many sites and reports have cited the case of Scott Panetti who was sentenced to the death penalty in 1995 for killing his mother and father in law. Scott Panetti had been hospitalized over a dozen times leading up to the killings with hallucinations. He was allowed to represent himself in court in which he dressed as a cowboy and acted delusional at times. His case was under appeal until his execution in 2008. Competency to stand trial is adjudicated in a court hearing prior to trial in an effort to achieve procedural fairness of the criminal proceedings against the defendant. There must be an agreement that the defendant comprehends what is happening to him and can effectively participate and respond in order to defend himself. As a defendant, he has the right to not only be present in court, but to also understand in lay mans terms the legal proceedings that taking place against him. As a society, we must ensure that all people, including the mentally impaired, receive a fair trial. The court will also define reasonable degrees of understanding. The competence to understand simple charges is different than competence to understand a complex charge. A defendant may be competent to stand trial with the assistance of an attorney and not competent to stand trial if it is assumed that he will represent himself. A competent assessment will focus on a defendants capacity to participate in the process, not the willingness to participate. The skills to assist an attorney are usually impaired because of the defendants irrational thoughts that the defense attorney is against the best interests for him. As a psychologist who has been ordered to study a patient and determine his competency to stand trial, I would need to focus and review many different factors. In the case of Edward Wilson, who is accused of murdering his parents in their home, there is much to be reviewed. I would need to question Mr. Wilson to be able to get a feel and understanding of his mental illness if he has one. I would want to ask questions such as: * Is there history of any drug and/or alcohol abuse * What is the family mental health like? Do mom and dad have mental health problems? * At what age were these illnesses diagnosed? * What was his reaction to the killings? Any remorse or regret? * Does he understand what he has done? In order to conduct a complete mental evaluation as ordered by a judge, I must not only speak to the patient himself, but also to others who have spent time around him. I would like to question any brothers or sisters and discuss Edwards behavior growing up. I would like to talk with his sister about the incident in which he choked her in the dining room, find out what lead up to that event and explosion on his behalf. I would also want to talk to any close friends including girlfriends. I think it would be important to meet with current or previous employers to see what type of work ethics he held and what type of relationship he held with his co-workers. I think it is important to speak with anyone who has spent time with Edward and might be able to share information that would be able to prove his mental state whether it be competent or not. At this point in time, I would consider Edward a danger to not only himself, but to those around him. I would want to take into careful consideration the violent outbursts he has previously had as well as the murders of his parents. The fact that he had already been diagnosed with mental disorders nd was not able to ensure he took his medications on his own, is reason enough for me to believe he cannot be trusted to live on his own without being a threat to others, therefore, I believe he would need to be institutionalized for the remainder of his life. Obviously a person with a mental disability is not able to comprehend the rights and wrongs of life, and that is the reason they are diagnosed with mental disabilities. Although, a person with mental disabilities with violent tendencies to need to be monitored very closely, whether it be by family members or a caseworker of some sort. Edward is obviously delusional and does not understand that the killings of his parents is one of the worst crimes a human being can commit. If Edward is deemed to be able to function as a normal human with the assistance of medications, perhaps he can work in the institution he will be sent to. I don’t believe though, that Edward should be sent to a general public prison, as that will only make him an easy target as a victim of a sexual abuse or violent crime. References * Retrieved from website on May 20, 2010: https://www. oag. state. tx. us/oagNews/release. php? id=2818 * Retrieved from website on May 20, 2010: https://www. nami. org/Content/NavigationMenu/Inform_Yourself/About_Mental_Illness/About_Mental_Illness. htm * Retrieved from website on May 23, 2010: https://www. nmha. org/go/information/get-info/mi-and-the-family/recognizing-warning-signs-and-how-to-cope * Retrieved from website on May 23, 2010: https://www. deathpenaltyinfo. org/time-death-row * Retrieved from website on May 23, 2010: https://www. unl. edu/ap-ls/student/CST%20assess. pdf

Social Darwinism And Its Effect On Society - 1069 Words

Strength, intelligence, valuable talents and gifts, all these are traits that are desired by society. However, only certain people have the gift of strength or the gift of intelligence. Everyone is different. If everyone was the same, if everyone was perfect, life would be dull. Some people may want perfection, but who wants a boring, lifeless world? Unfortunately, some people did, and still do. The people who want a perfect society and who believe that strong, intelligent, and talented people are the ones who deserve to â€Å"survive,† are called Social Darwinists. Social Darwinism is a competition between groups in society, usually resulting in the most fit, or most capable, coming out on top. Social Darwinists argue that the strong’s power and wealth should increase, whereas the weak’s should decrease. There are different views as to who these weak and strong groups are, but all Social Darwinists agree that the strong should be rewarded and the weak pu nished. The concept of Social Darwinism is based off of Charles Darwin’s theories of natural selection and survival of the fittest. Even though the name suggests it, Charles Darwin did not develop this idea. In the 1800s, Herbert Spencer, Walter Bagehot, and William Graham Sumner, all sociologists, decided that Darwin’s theories of natural selection, and survival of the fittest applied to not only animals, but people too, particularly those living under Laissez-faire capitalism. Laissez-faire capitalism is when theShow MoreRelatedSocial Darwinism And Its Effects On Society1256 Words   |  6 Pagesearly twentieth century, the work force was extremely dangerous and resulted in many physically disabled people. These people were fired from their job, because they could not physical do their job anymore. â€Å"In the 19th century, supporters of social Darwinism opposed state aid to the poor and otherwise handicapped. They reasoned that the preservation of the â€Å" unfit† would impede the process of natural selection and tamper the selection of the â€Å"best† or â€Å"fittest† elements necessary for progeny† (MunyiRead MoreNatural Selection Means The Animals Who Have Weaker Genetic1608 Words   |  7 Pagesnatural society. Charles Darwin adopted this idea to explain how the species that survived for ages are the superiors ones with the most substantial genes embedded in them. However, as mankind advanced from our ancestors till now homo-sapiens, knowledge people, natural selection reoccurs among humans in the late 19th century and early 20th century. Social Darwinism was created for the purpose to make changes in the world. In the late 19th century, Social Darwinism influenced the society and createdRead MoreSurvival of the Fittest1409 Words   |  6 Pagesknown as Darwinism, was theorized by scientist Charles Darwin to explain the evolution of animal species. In the late 1800s, however, the idea of Social Darwini sm emerged and applied the same concepts of Darwinism but on humans not animals. As defined by the dictionary, Social Darwinism is a belief, popular in the late Victorian era throughout the world, which states that the strongest or toughest should survive and flourish in society, while the weak and unfit should be allowed to die (â€Å"Social† 1)Read MoreEssay on Social Darwinism1197 Words   |  5 Pagesradical and interesting to the scientific world but its effects reach far beyond this small institution of intellectuals. People applied Darwinism and its belief in survival of the fittest to all areas of life. They used it as a â€Å"natural law† which supported their actions and beliefs. Advocates manipulated the scientific doctrine to fulfill their personal needs and to justify religious beliefs, capitalism, and military conquests.   Ã‚  Ã‚  Ã‚  Ã‚   Darwinism greatly impacted the scientific world purely throughRead MoreSocial Darwinism And Its Impact On Society897 Words   |  4 Pages Social Darwinism was a concept that was an accepted theory in the nineteenth-century. It originated from Charles Darwin, which stated ‘ survival of the fittest’, meaning the poor and weak were going to die and that the rich and powerful received more power and growth. However, even though Charles came up with the ‘idea’ of Social Darwinism, he had other social Darwinists who actually grasped the entire concept of Darwinism and applied it to Social Sciences. Social Darwinists like Herbert SpencerRead More Socialism More Beneficial than Social Darwinism Essay699 Words   |  3 Pages The ideas of Social Darwinism and Socialism were first theorized by those in the age of industrialization, when the gap between the social classes was continuing to grow. Social Darwinism is a philosophy that was taken off of the theory of Darwinism in two aspects that were applied to society. One, survival of the fittest. Those who succeeded in life were the ones who were â€Å"fit†, in addition, those who failed were left to be weeded out, Secondly, the idea of natural selection as applied toRead MoreSocial Darwinism Is An Ideology Of Society1566 Words   |  7 PagesSocial Darwinism is an ideology of society that seeks to apply biological concepts of the laws of evolution by natural selection of evolutionary theory to sociology and politics, often with the assumption that conflict between groups in society leads to social progress as superior groups outcompete inferior ones. How we got to the point of coining the modern term of â€Å"Social Darwinism† we would have to turn to the famous man himself, Charles Darwin. At first glance, Charles Darwin seems an unlikelyRead MoreThe Theory Of Social Darwinism1345 Words   |  6 Pageswill do more harm to the society good. I ask myself, should Mr. Herbert Spencer, Minister Graham Sumner, and Andrew Carnegie come back to life, what will be their response? The aforementioned are the considered the fathers of Social Darwinism. In this essay I will discuss and evaluate the theory of Social Darwinism. Social Darwinism, a theory that supposed that humans are subject to Darwin’s law of evolution just like all other species and therefore when it comes to the society the most socially capableRead MoreRace, Ethnicity, Art and Film Essay826 Words   |  4 PagesThis paper tries to analyze race relations, ethnicity and how art and film relates to these social issues in their cultural context. Art and film have played vital roles in advocating for a society free of ethnicity and racism. Using vivid descriptions and evidence of both text and a movie this paper seeks to relate accordingly the concerned issues and factors affecting these social vices. It will demonstrate race and ethnic tendencies in diverse cultural contexts. As a demographic phenomenonRead MoreThe Theory Of Biological Evolution1192 Words   |  5 PagesSocial Darwinism is defined as the application of the theory of biological evolution to human affairs. It was used to justify and clarify many notions of nationalism and imperialism. Science played a huge role in the coming about of this new discovery but in reality, the society shaped the science of what it was about. Charles Darwin was the root of new era and was profound to come up with the theory of evolution. His theory had become one the fundamental unifying principles of modern biology and

Keeping Confidential Patient Records

Question: Discuss about the Keeping Confidential Patient Records. Answer: Introduction: The healthcare industry all over the world considers patient records and information as being sensitive and important. Such sensitive and crucial information, if leaked, has the capacity to even damage the standing and repute of the medical institution and the concerned medical experts. Patient information can generally include varied medical information like disease history and current illnesses, undergone operations, various medication effects of the past and so on. The patient information can consist of different personal information in the form of age, marital status, family history, contact information and other similar sensitive data. All these sort of information ought to be kept safe and secure and the different medical organizations have to take the responsibility of ensuring that no negative activity against the patients or the medical organizations takes place (First Steps 2017). Several issues arise in the process of keeping the patient information and records classified and precise. It is imperative that the patient information and records are kept clear, succinct and straightforward so that the medical professionals can access and interpret them correctly (Gmc-uk.org 2017). The most common and biggest issue that comes in the way of keeping patient information secure and precise is the employment of the proficient policy of bringing up to date the information and records at normal intervals and with intense meticulousness (First Steps 2017). One more issue that arises while keeping the patient information secure and accurate is the threat of the information and records being updated and accessed by several sources at the same time (Ico.org.uk 2017). It is the responsibility of the medical professionals to guarantee that those records and information are revised based on the exact account of the information instead of being updated by multiple parties at the same time. One more issue that comes up in the process is related to the mode of receipt of patient information. If that mode of storage and management is inefficient then the various patient information of the medical institution is undermined in terms of integrity. The medical organizations ought to keep the information and records strictly confidential. It is imperative that the calling and communication with the individuals coming into the medical organizations or calling in ought to be supervised correctly to make sure the professionals do not divulge any of the sensitive data to any unauthorized individual. Coming to the most hazardous issue in the confidentiality process, safety and health of a patient comes to the foreground (Sue Stevens 2017). In these cases, sometimes the involved professionals divulge the information, which can cause damage to the patient information confidentiality. One aspect of this confidentiality breach comes in the form of patient information discl osure from the side of the medical institution in cases of legal activities and regulations. Some of the circumstance in different exercises of the health services industry position moral issue before the medicinal experts. The medicinal experts may surrender a portion of the confidential patient data as the moral thing to do and cause a rupture in the classification of the patient information (Bma.org.uk 2017). References Bma.org.uk. 2017. BMA - Confidentiality and health records. [online] Available at: https://www.bma.org.uk/advice/employment/ethics/confidentiality-and-health-records [Accessed 4 Jan. 2017]. First Steps. 2017. Principles of record-keeping. [online] Available at: https://rcnhca.org.uk/top-page-001/record-keeping/853-2/ [Accessed 4 Jan. 2017]. Gmc-uk.org. 2017. GMC | Keeping records. [online] Available at: https://www.gmc-uk.org/guidance/ethical_guidance/13427.asp [Accessed 4 Jan. 2017]. Ico.org.uk. 2017. Keeping personal data accurate and up to date (Principle 4). [online] Available at: https://ico.org.uk/for-organisations/guide-to-data-protection/principle-4-accuracy/ [Accessed 4 Jan. 2017]. Sue Stevens, D. 2017. Keeping good nursing records: a guide. [online] PubMed Central (PMC). Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3033612/ [Accessed 4 Jan. 2017].

Seaboye and Gayme free essay sample

A look at two supreme court cases and their impact on Canadian rape shield legislation. This paper is an examination of the two cases of Seaboyer and Gayme by the Supreme Court of Canada at rape shield legislation for sex assault witnesses. The author reveals the manner in which these cases were conducted and how the verdict raised public controversy. From the paper: In the case of Seaboye and Gayme, the Supreme Court of Canada rendered a decision which was divisive, not only among members of the court, but also within the nation itself. In delivering this verdict, the court became the target of accusations that it had ignored the interests of women. It had shown disregard for the victimization which women have been subject to in the process of sexual assault trials. As well, the court introduced procedural rules which made womens experience in sexual assault trials more of an ordeal than the process had been under the common law (Bowland, 1994). We will write a custom essay sample on Seaboye and Gayme or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page