§ 15.5 Capacity to Be Executed
Library | Criminal Law in Oregon (OSBar) (2022 Ed.) |
§ 15.5 CAPACITY TO BE EXECUTED
"[T]he Eighth Amendment prohibits a State from carrying out a sentence of death upon a person who is insane." Ford v. Wainwright, 477 US 399, 410, 106 S Ct 2595, 91 L Ed 2d 335 (1986). The defendant has a right to be heard on the issue of sanity. Ford, 477 US at 409-11.
A person who does not remember the crime, because of a cognitive impairment, may be executed, but probably not one with dementia. The prisoner without a memory may still be able to understand the execution...
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- Chapter 15 Mental Illness and Incapacity
- § 15.1 Scope of Chapter
- § 15.2 Overview
- § 15.3 Capacity to Stand Trial
- § 15.4 Capacity to Waive Rights
- § 15.5 Capacity to Be Executed
- § 15.6 Guilty Except for Insanity
- § 15.7 Disposition Options for the Court
- § 15.8 Establishment of Psrb Jurisdiction
- § 15.9 Mental Illness Negating Mens Rea
- § 15.10 Defense of Extreme Emotional Disturbance and Mental Illness
- § 15.11 Self-incrimination
- § 15.12 Consent to Search
- § 15.13 Civil Commitment
- § 15.14 Can a Person's "future Dangerousness" Be Predicted?
- § 15.15 Gun Relief Program
- § 15.16 Sex-offender Classification and Relief
- Appendix 15a Abbreviations
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