Ethical and Professional Demands for Forensic Mental Health Professionals in the Post-Atkins Era
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چکیده
Defendants with impairment in psychological functioning are the locus of considerable discussion, research, and practice debates in forensic mental health (see, e.g., Melton, Petrila, Poythress, & Slobogin, 1997). If the depth of psychological-legal impairment is not substantial, people with mental retardation may be deemed competent to participate in the legal process. However, in June 2002, the U.S. Supreme Court, in Atkins v. Virginia (2002), held that execution of retarded persons is cruel and unusual punishment, ruling that
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One of the striking aspects of the Atkins decision is that the constitutional prohibition appears to be framed in the language of a clinical diagnosis—“mental retardation”—and not in terms of a traditional legal concept, such as competence or responsibility. For this reason, state legislators can be expected to seek the guidance of psychiatrists and other mental health professionals in the draf...
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تاریخ انتشار 2003