Group Blog

  Given the condition of the murderer, we believe the court has done its job in punishing him. The killer had neither a rational or factual understanding of his actions, the 2 legal requirements for competency. It is likely his condition will never improve to the point of competency necessary to stand trial.  Therefore, it has essentially granted him a life sentence, which would be expected if it were to be tried.   Daryl Atkins v. Virginia: Supreme Court case in which it was ruled unconstitutional according to the 8^th amendment to sentence mentally retarded people to death, under the belief that it qualifies as “cruel and unusual punishment.”  Even if the murderer had been given the death sentence, in appeals it likely would have been reduced a life sentence.Immanuel Kant: rationalism—morals cannot be compared since they are the compilation of internal thoughts; no man can know another’s reality. Since the murderer thought what he was doing was sincerely right, he cannot be punished for his actions 
Scot Turow: In Ultimate Punishment Turow discusses the rationality for continuing the death penalty in the United States. A justification he discusses is that the death penalty for the benefit of survivors as it completely prevents the murderer from acting again, meaning their loved one did not die in vain. He also discusses the use of the death penalty in truly violent and horrible crimes as the “ultimate punishment.” Trying the murderer, who is clearly not fit to stand trial, removes the legitimacy from both of these justifications.
Bentham: Bentham and other utilitarians believe that punishment should be implemented to control actions of others. The circumstances in this situation were so specific, therefore punishing the murderer would not act as a deterrent. Therefore, they would not believe punishment in this case was valid. At the same time, they might believe in punishing the insurance company because in doing so would compel more reporting of public health issues.Would the public really want to pursue the death penalty for someone who was so sick? Turow talks about public opinion being in favor of the death penalty, but also how death penalty is for the worst of the worst. This argument is invalidate when execute people that aren’t truly evil. The murderer thought that he was doing what God ordered him to do; and at the same time seemed to have little recollection or understanding of his actions.
Additionally, because of the nature of syphilis, he can’t be treated the same as a schizophrenic or someone with a treatable mental illness. There will never be a point where he can regain the mental ability to understand what he has done.

Andrea and Camilla