The case of Ford V. Wainwright is a Supreme court case of the United Stated argued in 1986. Alvin Bernard Ford is the plaintiff in this case, In 1974 he was convicted of murder in Florida and sentenced to death. In 1982 Ford began to show signs of a serious mental disorder. The Governor of Florida then appointed a panel of three psychiatrist to determine if Ford was component to understand the nature of the death penalty and the crime he had committed. All three psychiatrist disagreed on his exact diagnosis but agreed that he was sane and knew the nature of the death penalty. Ford’s attorney unsuccessfully sought a hearing in the state court for determination of his competency and then filed a hebeas corpus petition, which is a writ requiring a person to be brought before a judge or court especially for investigation of a restraint of the person’s liberty. The Florida courts denied his petition and signed a death warrant for Ford in 1984. Ford then sued Louie L. Wainwright, the defendant, who at the time of the case was the Secretary of the Florida Division of Correction.
Ford’s confused perception began after reading in the newspaper that the Ku Klux Klan held a rally in nearby Jacksonville, Florida and he then became obsessed. Ford’s delusions began with his belief that he had become the target of a complex conspiracy, involving the Klan who designed to force him to commit suicide. He believed that the prison guards, who were part of the conspiracy, had been killing people and putting the bodies in the concrete enclosures used for beds. Later, he began to believe that his women relatives were being tortured and sexually abused somewhere in the prison and that people who tortured him in the prison had taken members of his famil...
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...merican Psychological Association. The APA submits an arguments that an accurate proceeding requires an adversary hearing, the assistance of mental health professionals, and decision makers to specify in writing the factors relied upon making decision.
My opinion on this case was debatable. My initial thought was Ford should be executed even though he is insane. At the moment he committed the crime he was sane and knew it was wrong. My question was why should Ford get away with murder if he became insane after? After reviewing the cases plea, I began to understand the decision for the reconsideration. It would be inhumane to send someone to their death bed mentally unstable. Ford needed mental help to rationalize what he had done. As Ford grew mentally unstable he should have been granted the right to prove his case, every citizen has rights no matter the crime.
The case was unfair in my opinion because, the state assumed Peterson murdered Kathleen after his fourth wife disappeared. In the initial autopsy of Kathleen, it was found that there was no murder and Kathleen death was accidental drowning. Furthermore, Kathleen was exhumed after three years of her death which also contends the states were only basing their hunch’s off the disappearance of Stacy. To add to the unfairness of the trial, when The defendant's motion asked the court to clarify whether it ruled under the common law doctrine when the courts ruled that some of the hearsay could be admissible, during a hearing held the same day, the court stated, “I didn't even get to that. There was no request as to any of the others. I ruled strictly pursuant there was a hearing pursuant to the statute.” This entire statement from the court shows the motion to consider was not affectively
Booth had got the news that the president would be at the Ford’s theatre. This was great news for john both Mr. and Mrs. Lincoln will be there in the same place. “Booth heard the big news: in just eight hours the man who was the subject of all his hating and plotting would stand on the very stone steps here he now sat. “Booth began to plain his assassination without having to hunt for Lincoln. John had a deep hatred for Lincoln, he had hated the state that our country had been in.
Therefore, a defendant, the court or the attorney general can order a hearing on motion. Before the date of the hearing of the case, the court may order a psychological or psychiatric evaluation of the defendant. Pursuant to the provisions of section 4247, psychologists or psychiatrists report the findings to the court. The court has the permission to request a deadline for the evaluation so that it can insure the promptness of the examination. The court can also request the experts who carried out the evaluation, to specify observations made of the defendant, the type of examination carried out and the opinion of the experts on the competency
17 years old at the time of the crime, Simmons was tried as an adult. Simmons confessed to the crime and his sole defence at trial was an attempt to dongrade his punishment through the introduction of character evidence. The jury recommended the death penalty, which was imposed by the judge. In the judgment of the US Supreme Court, the laws of other countries and international authorities were instructive for the interpretation of the Eighth Amendment’s prohibition of ‘cruel and unusual punishment’. International consensus as reflected in the International Covenant on Civil and Political Rights, the American Convention on Human Rights, the Convention on the Rights of the Child, and the African Charter on the Rights and Welfare of the Child provided respected and significant confirmation of the conclusions drawn. International agreement on the juvenile death penalty
Gray, J. /O'Reilly, R. (2009): Supreme court of Canada's "Beautiful Mind" case. In: International journal of law and psychiatry, Vol. 32, Issue 5, pp. 315-322.
According to the Legal Aid Society (2016), a fair hearing
Leo, R. A. (2009, September). Journal of the American Academy of Psychiatry and the Law.
As time goes on, the law has put more emphasis on facility just like Bridgewater State Hospital in which many of the actions of the facility workers can face legal consequences such as facing prison time, fines, lawsuits, and etc. Society has a better understanding of why certain people act the way that they do and being more knowledgeable about psychology and mental diseases allows us to have a different approach when dealing with these topics or these individuals. In today’s era, there are many normal individuals who are willing to stand up for those who do not have a voice of their own. I believe that this change in one’s ability to stand up for another individual or group of individuals is what brought about change to the medical environment of those who are mentally
ZAPF, P. A. (2009). Elucidating the contours of competency for execution: The implications of Ford and Panetti for assessment. Journal of Psychiatry & Law, 37(2/3), 269-307. Retrieved from EBSCOhost.
“Criminal Law and Procedure -Eighth Amendment- Juvenile Life Without Parole Sentences: Graham v. Florida” (2009) Harvard Law Review. N.p., n.d. Web. 6 Apr. 2011.
The Mental Capacity Act 2005 states that in order to protect the rights of individuals who don’t have the capacity to make their own decisions they an independent Mental capacity Advocate is put in place to learn as much as possible about the individuals and act in their best interests.
Journal of the American Academy of Psychiatry and the Law, 28. (2000): 315-324. Web. The Web. The Web. 13 Apr 2011.
The second condition to be established is whether the defendant had a “disease of the mind”. This condition is
Fordism which is a term that was named after a man named Henry Ford, is a notion based on the industrial mass production in the 20th century. What is Fordism? As Renault defines it, “Fordism can be conceived as a specific mode of framing of the dynamics of capitalist accumulation within a specified institutional system” (Renault). Fordism took its name from the mass production of Ford motors. With Fordism, there was a huge change in productions, there was a “rationalization of the labor process”, which led to a loss of workers, a reduction in unit prices, an increase in production and an increase in the volume of production. Renault states that “Fordism has unquestionably ensured the highest level yet of democracy and social justice” (Renault). Fordism made it possible to sell more, which became an increase in demand. Fordism is a method of industrial production; it is aimed to get its products at maximization by highly controlling it and dividing its production tasks. Henry Ford was famous because he invented the Model T car and he revolutionized the system of mass production. Becau...
Gary B. Melton, John Petrila, Norman G. Poythress, Psychological Evaluations for the Court: A Handbook for Mental Health Professionals and Lawyers, Guilford Publications, 3rd edition 2007