Supreme Court says inmate cannot be executed if dementia means he cannot understand punishment

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A divided court ruled for an Alabama inmate who cannot remember his crime.

By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow February 27 at 3:26 PM An inmate suffering from dementia may not be executed if his disease is so severe that he is not able to rationally understand the reason for his punishment, the Supreme Court ruled Wednesday.

“If a person suffering from any mental disorder — dementia included — is unable to rationally understand why the state wants to execute him, then the Eighth Amendment doesn’t allow the execution,” Kagan said in reading a summary of the opinion from the bench. “A person lacking memory of his crime may yet rationally understand why the state seeks to execute him; if so, the Eighth Amendment poses no bar to his execution,” Kagan wrote. Besides Roberts, she was joined in the opinion by Justices Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor.

After 33 years in solitary confinement, two strokes and vascular dementia, they said that, if reminded, he knows he might be executed for killing a police officer in 1985. But the next day, he will have to be reminded again. The court’s three most conservative members — Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch — dissented. Those three had also objected when the Supreme Court in 2018 blocked Madison’s execution.

 

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tstevensradio So we can no longer execute Democrats? 😐 How about if we call it an abortion?

Well that's the chair for half of the senate.

On the one hand it makes sense; on the other it's like saying ' we want you to feel it, every fumbling last minute'

Being locked in a cell 23 hours a day is worst and cheaper than execution.

The courts will be bombarded by cases were convicts claim dementia! If a convicted killer w/dementia can't be executed b/c it is considered 'cruel & unusual punishment. Is this a serial killer's wet dream?

The fact that they value the importance of understanding punishment says much about our justice system. Truly the reason behind execution is never to get even. It is to bring about the chance for repentance. 👏🏽👏🏽

EllenDatlow Lucky you, Blotus the faux POTUS

Donnie’s next defense

Oh lady liberty, you are are surprise, wrapped in an enigma that hides a mystery Go get em gal!!

realDonaldTrump breathes a sigh of relief, knowing high treason can result in the death penalty.

Wait... Do you can't kill him because he isn't right in the head? He's obviously never been right in the head since his crimes landed him on death row.

Roberts. Another good surprise.

Didn’t read the article (I used up my free WaPo quota for the month), but are they talking about trump?

What if he identifies as an infant? Good to go?

But new born babies can be killed, even though they cannot defend themselves.

The state shouldn't have the right to kill anyone. Period.

daiconrad so tRUmp can't be executed for treason?

There is no rehabilitation and understanding needed when you are already in hell

Well that's convenient timing for Donald, isn't it just.

We shouldn't be executing people anyway. Third world countries and fascist dictatorships do that shit. We're supposed to be better than countries like that.

What's the importance of understanding the punishment if it's about killing you? You'll be dead. Death penalty is about terminating an evil person and give an example to others. Not to 'make him understand'. He'll be dead.

senility punishment enough?

The death penalty demands a level of perfection that no justice system can provide...

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