Loophole to Execution - Ford v. Wainwright
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Authors
Schultz, Robinette R.
Issue Date
1987
Volume
20
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Constitutional inquiry into the imposition of the death penalty "must be divorced from personal feelings as to the morality and efficacy of the death penalty, and be confined to the meaning and applicability of the uncertain language of the Eight Amendment." In Ford v. Wainwright, the United States Supreme Court specifically interpreted the eighth amendment's uncertain language and concluded that the execution of an insane prisoner was cruel and unusual punishment prohibited by the Constitution. Although the Court had addressed the issue of eighth amendment interpretation in prior cases, it had never decided whether the Constitution specifically forbids the execution of the insane. The purpose of this Note is threefold. First, this Note examines the history of the death penalty. Second, it addresses the issue of executing an insane prisoner. Finally, this Note reviews the possible implications of the decision in Ford. The Ford decision, although important, merely follows the trend of struggle surrounding the death penalty that has faced the Court for the last twenty years. The continuance of this struggle in Ford is likely to have a substantial impact...
Description
Citation
20 Creighton L. Rev. 867 (1986-1987)
Publisher
Creighton University School of Law