Competence to be Executed and Participate in/Waive Appeals

Vocabulary flashcards derived from lecture notes covering key legal concepts, court cases, and ethical considerations surrounding the competence of individuals facing execution, participating in, or waiving appeals.

Decisional Competence

The competence to make a particular decision.

Parens Patriae Authority

Latin for 'state as parent,' assumed by the state when an individual is deemed unable to care for themselves.

Principle of Human Dignity (mid-19th century)

A principle where human dignity demands respect for an individual's autonomy unless compelling reasons override it.

Ford v. Wainwright (1986)

A Supreme Court decision upholding that the Eighth Amendment's ban on cruel and unusual punishment prohibits executing the 'insane'.

Justice Powell's Standard

The Eighth Amendment forbids execution of those unaware of the punishment and its purpose.

Broader Competency Standard (ABA, APA, APP)

Endorsed by professional associations, exempts individuals with mental disorders or disabilities that impair their understanding of the punishment's nature and purpose, suggesting they should internalize society's decision.

Panetti v. Quarterman (2007)

A Supreme Court case concluding that a person might still be incompetent for execution if, due to a mental disorder, their awareness of the crime and punishment has little or no relation to the community's shared understanding.

Competence in Post-Conviction Proceedings (ABA)

Defined as a significant impairment in understanding or communicating pertinent information that can aid counsel in validating the conviction or the sentence.

Jackson v. Indiana

A court decision that if an incompetent person is deemed unrestorable, the death sentence should be commuted.

Ryan v. Gonzalez

A Supreme Court decision stating that a stay is inappropriate if there's no reasonable hope for competence for a death row inmate.

Volunteer Death Row Inmates

Individuals who waive appeals due to extreme depression or irrational thought processes.

Valid Waiver of Appeals

A waiver that is knowing, intelligent, and where the individual realizes the decision's importance.

Elbert's Competency to be Executed Rating Instrument

A structured professional judgment tool comprising 12 items, including functional legal abilities and clinical inquiries, to assess competence for execution.

Interview Checklist for Evaluations of Competency for Execution

A structured professional judgment instrument that delves deeper into evaluating an examinee's understanding of punishment, appreciation of the sentence, and communication with counsel.

Hayes v. Murphy

A 10th Circuit requirement for competence evaluations to be performed elsewhere than on death row, including extended close observation in a proper setting.

National Association (NMA) Stance on Prisoner Treatment

Advocates for providing needed treatment to prisoners regardless of their legal status.

Bonnie's Stance on Prisoner Treatment

Believes clinicians should only provide treatment if prisoners are competent to make that decision, considering treatment unethical if inmates' desires are unclear, they refuse, or are incompetent.