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The Supreme Court’s Evolving Death Penalty Jurisprudence: Severe Mental Illness As The Next Frontier

admin — Thu, 21 May 2009 14:15:31 +0000

Abstract: The U.S. Supreme Court’s recent death penalty jurisprudence displays the Court’s willingness to invalidate the death penalty for certain offenses or classes of offenders, including those with mental retardation and those who were under eighteen at the time of the offense. The Court has noted that the death penalty in these cases constitutes a disproportionate punishment because it fails to adequately serve the two primary goals f the Cruel and Unusual Punishments Clause: retribution and deterrence. Because the cognitive and volitioal impairments caused by severe mental illness result in a parallel diminution in culpability and deterrability, severe mental illness is an appropriate next frontier at which to apply the Court’s emerging concept of proportionality. Social attitudes have only recently begun to shift toward opposing the death penalty for those with severe mental illness at the tiem of the offense. Nonetheless, the Court’s recent death penalty cases teach that the Court may independently determine that execution of these offends is a disproportionate punishment if it concludes that executing such offenders does not adequately serve the goals of retribution and deterrence.

Published in the Boston College Law Review, Issue 50:3 (May, 2009

Download the full article in PDF format

May 21-23 – University of Nebraska-Lincoln

admin — Thu, 17 May 2007 18:50:11 +0000

Professor Winick will be a guest-speaker at a Conference hosted by the UNL Law-Psychology Progra at the University of Nebraska-Lincoln titled “Mental Disorder and the Criminal Law: Responsibility, Punishment, and Competence.” Professor Winick’s talk is entitled “Determining When Serious Mental Illness Should Disqualify a Defendant from Capital Punishment.”

Abstract: In Atkins v. Virginia, the Supreme Court held that the Eighth Amendment prohibits capital punishment for those with mental retardation in view of their reduced culpability. This presentation examines substantive and procedural questions regarding the application of Atkins to offenders who manifest mental illness that reduces their culpability to a similar degree.

Annual Capital Cases Death Penalty Seminar

admin — Fri, 22 Oct 2004 19:43:32 +0000

Professor Winick spoke at the Annual Capital Cases Death Penalty Seminar held in Orlando by the Commission on Capital Cases of the Florida Legislature.

Developmental Psychology and the Juvenile Death Penalty

admin — Mon, 18 Oct 2004 19:41:18 +0000

Professor Winick spoke as a member of a panel discussing the juvenile death penalty at a program held by the University of Miami School of Law’s Center for Ethics and Public Service. He discussed Developmental Psychology and the Juvenile Death Penalty.