Forensic Psychology & Capital Punishment

The death penalty has a long history and still exists today.

Forensic psychology is the branch of psychology that deals with criminal law. Forensic psychology intersects with capital punishment in several ways. First, it is necessary to determine a suspect's mental state to determine what crime he should be charged with. Second, forensic psychologists are necessary to determine whether a suspect can raise an insanity defense. Third, forensic psychologists play a role in determining whether a suspect is eligible for the death penalty.

Mental State--Manslaughter

In some instances a forensic psychologist will play a role in determining whether a perpetrator is even eligible for capital punishment. Capital punishment is a penalty that is imposed only for the offense of murder. Often, whether a homicide is a murder or manslaughter will turn on the opinion of a forensic psychologist. A person convicted of voluntary manslaughter would not be eligible for the death penalty.

Insanity Defense

The insanity is a well known and controversial defense perhaps because it is prominent in the media. In reality the insanity defense is rarely raised and even more rarely raised successfully. In addition, there can actually be a longer sentence in a mental hospital than there would be in a prison if someone is found not guilty by reason of insanity.

Role in Sentencing

Assuming that a person is convicted of a capital offense and that the person has not raised an insanity defense or it has not succeeded, there is still a role for the forensic psychologist in sentencing. The convicted person's psychological history, such as mental disorders and abuse suffered in the past, can be used to mitigate a sentence even if the person is legally sane. In addition, a forensic psychologist must determine whether a defendant is mentally retarded.

Supreme Court Rule Against Executing Mentally Retarded

In the 2002 case Atkins v. Virginia the Supreme Court ruled that a state cannot legally execute someone who is mentally retarded. The court held that to do so would constitute cruel and unusual punishment forbidden under the Eighth Amendment. However, the Supreme Court left the decision of how to determine mental retardation up to states.

Forensic Psychologists Role in Determining Mental Retardation

Late in 2009, a Texas forensic psychologist came under fire for finding fewer mentally retarded inmates on death row than other states. Texas additionally has procedures to ensure that the point in the trial in which the retardation of the suspect is determined is during sentencing. This means that jurors learn the details of the crime and potentially develop a deep dislike for the defendant before they learn about his potential mental deficiency.

References

• Texas Observer: Cracked
• "Handbook of Psychology: Forensic psychology"; Irving B. Weiner, Donald K. Freedheim, Alan M. Goldstein; 2004
• All About Forensic Psychology: Insanity Defense
• Absolute Astronomy: Forensic Psychology