Exempting the severely mentally ill from the death penalty in the United States of America: the concept of human dignity

Ford, Laura Margaret Catherine (2020). Exempting the severely mentally ill from the death penalty in the United States of America: the concept of human dignity. University of Birmingham. Ph.D.

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Abstract

This thesis argues that severely mentally ill individuals should be exempt from the death penalty in the United States of America. Arguments in favour of the exemption of severely mentally ill individuals have traditionally focused on the lack of culpability of a severely mentally ill individual, or on the fact that the primary purposes of punishment – retribution and deterrence – are not met when a severely mentally ill individual is executed. This thesis proposes a new approach: that the use of the death penalty for severely mentally ill individuals is in direct conflict with the concept of human dignity. Dignity is an intrinsic characteristic that all humans have by virtue of being human, and dignity forms the basis for all human rights. Respecting an individual's dignity involves acknowledging that all humans have equal rights and the autonomy to exercise those rights. In the specific case of severely mentally ill individuals facing the death penalty, however, the exercise of certain rights by a severely mentally ill individual could operate to their detriment, more so than when compared to individuals who are not severely mentally ill. The ability to waive appeals and “volunteer” for execution is an example of such a right; a severely mentally ill individual may wish to volunteer as a result of the illness that he suffers from and it is not, therefore, possible to respect his dignity by acknowledging the exercise of that right, as it would appear to be in direct conflict with his dignity. The exemption is required due to the range of challenges faced by severely mentally ill individuals during the capital trial process; these issues may actually increase the likelihood that such individuals will receive a death sentence. The exemption of severely mentally ill individuals needs to be a federal exemption, due to the lack of action at state level.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):