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Constitutional Law

Washington and Lee Law Review

2016

Mental illness

Articles 1 - 2 of 2

Full-Text Articles in Law

The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson Jun 2016

The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson

Washington and Lee Law Review

No abstract provided.


Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano, Richard J. Bonnie Jun 2016

Mental Illness, Severe Emotional Distress, And The Death Penalty: Reflections On The Tragic Case Of Joe Giarratano, Richard J. Bonnie

Washington and Lee Law Review

Joe Giarratano was on death row for twelve years, and remains incarcerated today, because mental illness and severe emotional distress wholly undermined reliable adjudication in his case. Using Giarratano’s remarkable story as a case study, I illustrate some of the ways in which mental illness and acute emotional distress can lead to unreliable findings and judgments and—even worse—can actually propel the criminal justice system toward a death sentence. I cover the unreliability of his confession, his impaired ability to assist counsel, his impaired capacity to make a rational decision regarding whether to initiate or continue post-conviction proceedings, his diminished mental …