List the classifications of persons who can be executed.

What will be an ideal response?


The Mentally Ill: Those who are deemed to have a mental illness can only be executed if they are able to understand their punishment. Medication can sometimes allow a mentally ill person to function and think normally. Under Sell v. United States the government can forcibly medicate a person so that he/she will be competent to stand trial if the following requirements are met first: 1) the treatment is medically appropriate, 2) it is unlikely to have side effects that may undermine the trial’s fairness, and 3) it is necessary to further important governmental trial-related interests, taking into account for less intrusive measures.

The Mentally Retarded: Prior to Atkins v. Virginia it was permissible to execute defendants with mental retardation. In 2002, the Supreme Court found that contemporary standards of what is appropriate have changed and that mentally retarded people, with a limited ability to understand the consequences of the punishment they face, should not be subjected to execution.

Legal Studies & Paralegal

You might also like to view...

In a criminal case, the state must prove its case

A. ?by a preponderance of the evidence. B. ?in no uncertain terms. C. ?beyond a reasonable doubt. D. ?beyond any conceivable doubt.

Legal Studies & Paralegal

An inventor client has received a patent. That patent will be good for:

A) 20 years. B) 30 years. C) 40 years. D) 50 years.

Legal Studies & Paralegal

When a driver veers into on-coming traffic to avoid hitting a schoolbus of children which has just

landed on its side in the driver's lane of travel, the driver hits a dog being taken out for a walk. The driver will be able to raise what defense if the dog's owner sues for the loss of the pet? A) private necessity B) consent C) public necessity D) an Act of God

Legal Studies & Paralegal

A loan to a corporation is subject to Truth-in-Lending. 

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal