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Death Penalty Case Study: Dusky V. United States

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Death Penalty Case Study: Dusky V. United States
The case study about Joe’s death row appeal gives a brief snapshot of the overall situation. In the study Joe complains about his quality of life and expresses that death is better than living like an animal. While no specifics were given about Joes crime or his living conditions, the study gives a clear picture of his possible options. Being that Life in prison or death are the only options available to Joe I expect his Living conditions to be sparse. Furthermore, conditions should include at minimum three hot meals, reasonable lodging, and adequate access to basic needs such as medical care. While the conditions might not meet Joe’s expectations if all items mentioned are provided, Joe’s quality of life would be considered basic, limited, …show more content…
To clarify one must first deem if Joe is capable to make his own decisions, secondly one must compare the outcome to the that of Dusky v. United States (University of Virginia) where the supreme court ruled that: a federal court in which criminal proceedings are pending to make a finding regarding the mental competency of the accused to stand trial, may not make a determination that an accused is mentally competent merely because he is oriented to time and place and has some recollection of events; the test must be whether the accused has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as a factual understanding of the proceedings against him.
The case study clearly states that while Joe is schizophrenic and has prior experiences where he could be deemed mentally unstable, he has shown to be able to communicate intelligently while completely understanding the legal ramifications of his actions. Thus, it would not be legal, moral, or ethical to prevent Joe from making his own

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