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Treating those found incompetent for execution: ethical chaos with only one solution.

M L Radelet1, G W Barnard

  • 1Department of Sociology, University of Florida, Gainesville, 32611.

The Bulletin of the American Academy of Psychiatry and the Law
|January 1, 1988
PubMed
Summary

The U.S. Supreme Court ruled executing mentally incompetent prisoners unconstitutional. The case of Gary Alvord, found incompetent for execution, highlights ethical concerns for mental health professionals treating death row inmates.

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Area of Science:

  • Forensic Psychiatry
  • Legal Psychology
  • Criminal Justice Ethics

Background:

  • The number of death row inmates in the U.S. surpassed 2,000 by early 1988.
  • The U.S. Supreme Court mandated in 1986 that executing mentally incompetent individuals violates the Constitution.

Observation:

  • The article examines the unique case of Gary Alvord, the sole inmate formally declared incompetent for execution in recent history.
  • Interviews with mental health professionals involved in Alvord's treatment (1984-1987) revealed significant ambivalence and anger.

Findings:

  • The case of Gary Alvord underscores the complex ethical and professional challenges faced by mental health professionals in forensic settings.
  • A notable finding was the emotional distress and ethical conflict experienced by the treating psychiatrists and psychologists.
Keywords:
Death and EuthanasiaLegal ApproachMental Health TherapiesProfessional Patient Relationship

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Implications:

  • The study suggests that prisoners found incompetent for execution should have their sentences commuted to life imprisonment prior to any treatment.
  • This approach respects the rights and ethical codes of mental health professionals involved in forensic evaluations and treatment.