New York: The US Supreme Court has let stand a ruling by a federal appeals court in February that officials in the state of Arkansas had the right to force a convicted murderer to take drug treatment to make him sane enough to be executed.[If the convicted prisoners was insane at his trial he should have been found not guilty due to mental illness. If he had been mistreated into insanity whilst in prison say, by being held in solitary confinement whilst waiting to be executed, then he should be treated for his mental illness and now not executed. Those that seek to get revenge, can't have their cake and eat it too, and they ought to have taken that into account if they wanted him executed. ]
In 1986 the Supreme Court proclaimed it illegal to execute people unless they understood that they were being put to death and why.
An appeals court based in St Louis ruled in February this year that the constitution's prohibition against cruel and unusual punishment would not be violated if the authorities forcibly gave antipsychotic medication to the inmate [prisoner], Charles Laverne Singleton. It was this decision that was upheld by the Supreme Court last week.
The fate of Singleton has veered back and forth since he was convicted of murder and sentenced to death in 1979.
He became seriously mentally ill in 1987 and in October 2001, a panel of the 8th circuit put a permanent stay on his execution, ruling that he be sentenced to life in prison without the possibility of parole.
[He became seriously mentally ill in 1987 after being in prison? Or because that was the state he was in when he had committed the original crime? If it were the later then he should have been found not guilty of the crime. If it was the former and he became seriously mentally ill in prison, then, was it because he was solitary confined?]
The state appealed, and the St Louis court reversed that ruling in February, saying "that it was acceptable to give Singleton the drug treatment to make him sane enough to be executed ( BMJ 2003;326: 415[Free Full Text])."
Six of the 11 judges on the St Louis based panel said that because Singleton wanted to receive medication for his mental illness and the state had an interest in having sane prisoners, the fact that the drugs had the "side effect" of making him sane should not affect his fate. [?]
The four dissenting judges said it would be wrong to execute Singleton, who becomes paranoid and delusional when not receiving medication, and is sometimes still psychotic even when taking medication. One of the judges abstained.
[They punished the man to death twice!! Nothing to do with his last meal either? The idea that they screwed up on the prisoners sentence (of the death penalty), by mistreating him until he received his sentence, was bad enough. But he should have gained some, mercy or relief (because of mistreatment, prior the worst punishment of the death penalty), but in this case no matter how his sentence was screwed they were going to mistreat him! Very cruel and not unusual in the land of the USA and (solitarty confinement torture practices) and punishment in the 21 century!!!]
Singleton's defence had argued that the Arkansas inmate was in a precarious situation: taking antipsychotic medication was in his interes but not if the resulting sanity put him on the path to the death chamber.
The Supreme Court last week rejected arguments by Singleton's lawyers that giving him the drugs was not medically useful to him, as the only purpose would be to facilitate the ending of his life.
The Supreme Court ruled in a pair of cases in 1986 that executing insane inmates was prohibited by the eighth amendment's edict against cruel and unusual punishment. But until the Singleton case, no appeals court or the Supreme Court had ruled on whether prisoners may be forced to take medication in order to be made sane enough to be executed.
Singleton was convicted of stabbing grocer Mary Lou York to death in a 1979 robbery. Before dying, she identified him as her attacker. His mental health began to deteriorate in 1987; he said he believed his prison cell was possessed by demons and that the authorities had planted a device in his ear. He insisted that his victim, whom he had known at the time of the murder, was still alive.
["A" typical statement made by those tortured in solitary confinement.]
The Supreme Court has halted executions of inmates [prisoners] with severe learning difficulties but has refused such protection for mentally ill inmates [prisoners.]
Rapid Response published: Sanity is Not a Medical Issue 17 October 2003 John M. Williams, President Markanix Co., PO Box 2697, Redwood City, CA 94064
The problem here is that sanity is a legal term, not a medical one, and so its meaning is independent of medical considerations. Black's Law Dictionary defines sanity as the "opposite of insanity", which latter is defined as a "condition which renders the individual unfit to enjoy liberty of action because of the unreliability of his behavior . . . [and] negates the individual's legal responsibility or capacity."
[Sanity is also a medical term the problem here is that the prisoner prior his execution was 'mistreated' in 'solitary confinement' like thousands of other prisoners and because of his mistreatment was sent mentally ill prior his execution.]
Reading this article, it worries me that execution should be withheld because it is "cruel and unusual": How is hanging, electrocuting, or injecting one person more cruel and unusual than doing exactly the same thing to another? This makes me suspect that the lawyers arguing these cases are incompetent to read the law, so the issue is not a medical one, but a legal one, in more than one way!
[Execution is state murder and illegal because murder is a lethal meme - so the issue is not a legal one but a medical and a moral one.]
I think there are two issues of insanity involved: First, was the person insane at the time of the crime, but sane during the trial? If so, then a guilty verdict should render them liable for the same punishment as anyone else in those circumstances.
[I think that there are three issues of insanity the other is how the state mistreated the prisoner whilst in custody.]
Perhaps they would be condemned to prison or death, perhaps not; whatever the law says about treatment of someone involuntarily killing or injuring another, or committing treason or whatever. If they were insane, the crime must be considered involuntary, I think.
Second, whether sane or not at the time of the crime, were they sane during the trial? Here, I think the real issue is whether someone insane, as defined above, can defend his or her innocence in court.
If they can not present testimony in their own behalf, or guide a lawyer rationally in a defense strategy, they should not be tried. It is unclear what "insane" could mean applied to someone already in prison and awaiting execution, because such persons (consistent with the 5th and 14th Amendments of the U. S. Constitution) have no liberty of action anyway.
But there is a medical involvement: If withholding a drug (e. g., amphetamine) can make someone temporarily insane behave sanely, should a prison withhold such a drug? I would say, yes: There is no obligation to keep insane people insane by drugging them.
Now consider whether giving a drug which can make someone behave sanely should be obligatory? I think not. Why should this be done, unless at the request of the prisoner and with medical approval? But, the issue in this article seems to be, Should the prison authorities be allowed forcefully to administer such a drug? I would say, no: Such persons should have no power to judge the sane from the insane.
Sanity should be a matter of a jury trial, as required by the 5th and 14th Amendments, because adjudication of insanity means a specific, new legal denial of freedom, over and above that imposed by imprisonment.
Prisoners should not be put at risk of having their sanity judged without a jury trial. Letting a prison guard, or a supervisor of them, decide when prisoners should go free, or go insane, or go sane, is not consistent with justice, which should be administered only at a trial. In particular, suppose a drug is administered: Who is to judge whether or not the prisoner now is "sane"? I say only a jury of peers of that prisoner.
But, regardless, whether a condemned prisoner can be considered sane or not seems irrelevant to the question of whether they should be executed. The punishment for a crime should be determined by a trial before judge and jury, not by evaluation of behavior by doctors or police in a state institution such as a prison.
Competing interests: None declared
[A condemned prisoner or not should be considered. How about at least treating a condemned prisoner, (sentenced with the maximum penalty of death) with some form of dignity, at least before they kill them? Some last rights? If a person doesn't have the right to mistreat others, then neither does the state. If a person doesn't have the right to kill others, then neither does the state. How, can not leading by any form of example, prevent crime? ]
Competing interests: None declared
By Scott Gottlieb & edited by Gregory Kable, posted 22 Oct 03
Related Death Penalty Links:
Amnesty steps up campaign to abolish death penalty
Human rights watchdog Amnesty International is urging people around the world to pressure countries to abolish the death penalty. Amnesty director Irene Khan has released a statement, which raps governments for carrying out "executions".
Port Lincoln Mayor has lost the plot!
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'LAND OF THE FREE' SET TO EXECUTE TWO PRISONERS BY FIRING SQUAD: Wanted: Willing executioners for two convicted murderers. Must be psychologically sound and familiar with .30-calibre rifles. No victims' relatives need apply.
There has been some debate whether: 'Capital punishment should be re-instated in Australia, since the terrible events that took place in Bali' In all democratic nations, every human being is considered innocent of any alleged crime, until proven guilty beyond reasonable doubt by a court of law. For this reason, certain safeguards must be used for capital punishment cases.
TEXAS EXECUTES 300th PRISONER
Keith Clay was executed tonight, becoming the 300th prisoner in Texas to die by lethal injection since the rogue state resumed the death penalty 20 years ago.
AUSTRALIAN COALITION AGAINST DEATH PENALTY
" ... Our nation was built on a promise of life and liberty for all citizens. Guided by a deep respect for human dignity, our Founding Fathers worked to secure these rights for future generations, and today we continue to seek to fulfil their promise in our laws and our society.
Texas Coalition to Abolish the Death Penalty
Please note the following article carefully.....it shows clearly the hateful, uncaring and anti-human rights attitude as reflected by the Governor of Texas (and most other elected Texas officials).
Supreme Court Justice Blocks Execution
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Stephen Romei: Death knell sounds for US capital law
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Amnesty urges Bush to shut death row
Human rights watchdog Amnesty International has urged US President George W. Bush to take a "moral stand" and abolish the death penalty after the Illinois Governor dramatically emptied that state's death row.
Related Prison Links:
US: Mentally Ill Mistreated in Prison More Mentally Ill in Prison Than in Hospitals (New York, October 22, 2003) Mentally ill offenders face mistreatment and neglect in many U.S. prisons, Human Rights Watch."Prisons have become the nation's primary mental health facilities. But for those with serious illnesses, prison can be the worst place to be."
Shut down the Security Torture Units
San Francisco: October 18 In solidarity with other prison activist organizations, MIM, RAIL, the Barrio Defense Committee (BDC) and the Prison Reform Unity Project held a four hour rally in San Francisco demanding the Security Housing Units (SHUs) in California prisons be shut down.
Solitary Confinement: Mental illness in prisons
As noted earlier, inmates [prisoners] with mental illness are over represented in our toughest prison settings. Symptoms of mental illness (i.e., delays in response time, paranoia, difficulty interpreting the actions of others, command hallucinations, and so on) can make complying with prison rules difficult.
Post-Incarceration Sentences
Pat: "The 1990s brought a new front in the war on drugs, featuring a new layer of the Prison Industrial Complex, which has the effect of ensuring that people coming in contact with the criminal punishment system remain within the grasp of the Prison Industrial Complex even beyond prison walls."
Inside Prison, Outside the Law
Every year, tens of thousands of prisoners in state and federal custody are attacked. The exact number who die is difficult to determine: According to the nonprofit Criminal Justice Institute, in 2000, the most recent year for which figures have been compiled, 55 prisoners were murdered, 39 died "accidentally," and 118 died for unknown reasons.
Day Seven of the Fast for Freedom in Mental Health:
PASADENA, CALIF: On the seventh day of a hunger strike by six psychiatric survivors to oppose human rights violations in the mental health system, the American Psychiatric Association faces a direct and unprecedented challenge from a Scientific Panel of 14 academics and clinicians.
Supreme Court Justice Criticises Sentencing Guidelines
San Francisco, August 9, 2003, Supreme Court Justice Anthony M. Kennedy said today that prison terms are too long and that he favours scrapping the practice of setting mandatory minimum sentences for some federal crimes.
US prison population 2.1 million
The US prison population grew more than twice as fast last year as in 2001, bringing the total number of people held behind bars in the United States to more than 2.1 million, a record, according to a government report.
McKean Federal Prison: An Alleged Model
McKean, a federal correctional institution [? prison], does everything that "make 'em bust rocks" politicians decry--imagine, educating inmates [prisoners]! And it works. [Allegedly works.]
Prisoners Justice Day Press Release (Montreal)
On August 10th, 1974, Eddie Nalon bled to death in a solitary confinement unit at Millhaven Maximum Security Prison near Kingston,Ontario when the emergency call button in his cell failed to work. An inquest later found that the call buttons in that unit had been deactivated by the guards.
Notebook of a Prison Abolitionist
In his autobiography, Frederick Douglass recalls how as a slave he would occasionally hear of the "abolitionists." He did not know the full meaning of the word at first, but he heard it used in ways that he found appealing.
Study Warns of Rising Tide of Released Prisoners
Washington: More than 625,000 former prisoners will be coming back into U.S. society this year, part of a record flow of prisoners who will face crushing obstacles in finding work and housing and repairing long-fractured family ties, according to a newly released study.
Incite Statement Gender Violence and the Prison Industrial Complex
We call social justice movements to develop strategies and analysis that address both state AND interpersonal violence, particularly violence against women.
Second International Conference on Human Rights & Prison Reform
**This second gathering will be much smaller and more in depth in participation. A report on the human rights violation of discrimination in regard to prisoners will be produced. This report will be given to the Subcommission on the Promotion and Protection of Human Rights which will be having its annual meeting near our conference and is the"think tank" for the human rights agenda of the United Nations.
Judged Forever- The Orange County Register
US: California's largest job-placement program for parolees will be shut down May 31 after an Orange County Register investigation found that ex-convicts were sent to questionable jobs [?] and that the state was charged for placements that did not occur. [? According to the ruling-class]
California Family Visiting Case
US: CALIFORNIA: Today (5/03/08) in Superior Court around twenty friends and family members of inmates from CSP Solano showed up to show their support in the Gordon vs. CA Department of Corrections (Case #322862) which deals with the subject of bringing back Family Visits to all inmates.
Prison Rates Among Blacks Reach a Peak, Report Finds
An estimated 12 percent of African-American men ages 20 to 34 are in jail or prison, according to a report released yesterday by the Justice Department.
Justices question prison visitation policies
WASHINGTON: In a case that could affect the visitation rights of millions of prisoners, Supreme Court justices on Wednesday struggled with the question of whether inmates have a constitutional right to visits with friends and family.
