Death Penalty Culpability

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Culpability and the Death Penalty The death penalty and the qualifications for its sentencing continues to be a controversial topic in America, especially when it pertains to mental health inmates. The punishment of death is formidable, in states where the death penalty is allowed, as a comprehendible circumstance to deter an individual from a deviant behavior. If the person is capable of understanding the magnitude of the crime they are committing, then they are capable of comprehending the circumstances and consequences associated with that crime. However, if a person is incapable of understanding that same crime, and its implication, this is where the question of if they are deemed competent comes into play. The issue at hand as…show more content…
When the variable of mental illness, or mental culpability is added to the equation, an already emotionally charged issue becomes volatile. Mental culpability has many different facets, and is not a black and white issue as noted in some of the research.(Gilliespi et al., 2014) Issues that are taken into consideration with culpability may be decided by the judicial system based on mitigation and proximate culpability, and remote culpability. As alluded to by McPherson: “Proximate culpability speaks to the defendant’s impairment, lack of control, or inability to appreciate consequences at the time of the crime, e.g., mental illness, capacity, maturity, substance use. Mitigation based on remote culpability focuses on the defendant’s character and can include factors commonly related with social histories, e.g., child abuse, neglect, poverty” (Gillespi, Smith, Bjerregaard, &Fogel,…show more content…
The ruling clearly indicated his mental health diagnosis, yet, the ruling allowed for his sentencing to still have the death penalty consideration. (Hughes, 2015) The nuance is created when looking at competency and criminal or deviant behavior. Mental illness with undefined capacity is such a large variable. If this ruling were to hold true with any mental health diagnosis, a large percentage of the population could commit crimes without facing stiff punishment under the umbrella of incompetency. There are varying degrees of mental illness and lessened capacity, there must be a line as to accountability instead of excused behaviors. As a society, we have a responsibility to hold each person accountable for deviant actions. Murder is still murder, even when committed by someone with schizophrenia. Without accountability, then lawlessness and incivility is able to overcome the
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