{"id":6198,"date":"2022-03-30T11:55:47","date_gmt":"2022-03-30T18:55:47","guid":{"rendered":"https:\/\/www.crimeandconsequences.blog\/?p=6198"},"modified":"2022-03-30T12:05:20","modified_gmt":"2022-03-30T19:05:20","slug":"kentuckys-misguided-approach-on-the-death-penalty","status":"publish","type":"post","link":"https:\/\/www.crimeandconsequences.blog\/?p=6198","title":{"rendered":"Kentucky’s Misguided Approach on the Death Penalty"},"content":{"rendered":"

The Kentucky legislature has passed HB 269<\/a> and sent it to the Governor for approval.\u00a0 The Bill precludes the death penalty for individuals who had “active symptoms” and a “documented history” of certain enumerated mental disorders at the time of the offense conduct.\u00a0 The list includes schizophrenia, schizoaffective disorder, bipolar disorder and delusional disorder.\u00a0 The proposed legislation does not require proof that the “active symptoms” had impaired the defendant’s rationality in any manner during the commission of the crime.<\/p>\n

This approach has many problems, but I will briefly discuss two.<\/p>\n

First, the term “active symptoms” is not defined and is thus a legislative construction. However, many of these disorder are notable for their negative symptoms<\/a>.\u00a0 These include reduced motivation and a diminished experience of pleasure in life.\u00a0 These are real symptoms and their effects can profoundly adversely affect a person’s quality of life, particularly since they tend to endure even when other symptoms of the disorder have abated.\u00a0 \u00a0However, given their nature, it is likely that anyone who has a documented history of one of the enumerated mental disorders will qualify as having “active symptoms” despite their level of lucidity.<\/p>\n

Second, there is no logical or just reason why people only with a “documented history” should be treated differently.\u00a0 Obviously, the legislation envisions fraud as a reason for this requirement.\u00a0 But it is relatively common for people with these disorders to have no treatment history during the early course of their illness \u2014not to mention that there is no moral reason to treat those who have not had the opportunity for treatment to be subject to a different punishment.<\/p>\n

This is a bad Bill whatever your stance is on the death penalty.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Kentucky legislature has passed HB 269 and sent it to the Governor for approval.\u00a0 The Bill precludes the death penalty for individuals who had “active symptoms” and a “documented history” of certain enumerated mental disorders at the time of the offense conduct.\u00a0 The list includes schizophrenia, schizoaffective disorder, bipolar disorder and delusional disorder.\u00a0 The proposed legislation does not require proof that the “active symptoms” had impaired the defendant’s rationality in any manner during the commission of the crime. This approach has many problems, but I will briefly discuss two. First, the term “active symptoms” is not defined and is thus a legislative construction. However, many of these disorder are notable for their negative symptoms.\u00a0 These include reduced motivation and a diminished experience of pleasure in life.\u00a0 These are real symptoms and their effects can profoundly adversely affect a person’s quality of life, particularly since they tend to endure even when other symptoms of the disorder have abated.\u00a0 \u00a0However, given their nature, it is likely that anyone who has a documented history of one of the enumerated mental disorders will qualify as having “active symptoms” despite their level of lucidity. Second, there is no logical or just reason why people only with a “documented history” should be treated differently.\u00a0 Obviously, the legislation envisions fraud as a reason for this requirement.\u00a0 But it is relatively common for people with these disorders to have no treatment history during the early course of their illness \u2014not to mention that there is no moral reason to treat those who have not had the opportunity for treatment to be subject to a different punishment. This is a bad Bill whatever your stance is on the death penalty.<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14,33],"tags":[],"class_list":["post-6198","post","type-post","status-publish","format-standard","hentry","category-death-penalty","category-mental-state"],"yoast_head":"\nKentucky's Misguided Approach on the Death Penalty - Crime & Consequences<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.crimeandconsequences.blog\/?p=6198\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Kentucky's Misguided Approach on the Death Penalty - Crime & Consequences\" \/>\n<meta property=\"og:description\" content=\"The Kentucky legislature has passed HB 269 and sent it to the Governor for approval.\u00a0 The Bill precludes the death penalty for individuals who had “active symptoms” and a “documented history” of certain enumerated mental disorders at the time of the offense conduct.\u00a0 The list includes schizophrenia, schizoaffective disorder, bipolar disorder and delusional disorder.\u00a0 The proposed legislation does not require proof that the “active symptoms” had impaired the defendant’s rationality in any manner during the commission of the crime. This approach has many problems, but I will briefly discuss two. First, the term “active symptoms” is not defined and is thus a legislative construction. However, many of these disorder are notable for their negative symptoms.\u00a0 These include reduced motivation and a diminished experience of pleasure in life.\u00a0 These are real symptoms and their effects can profoundly adversely affect a person’s quality of life, particularly since they tend to endure even when other symptoms of the disorder have abated.\u00a0 \u00a0However, given their nature, it is likely that anyone who has a documented history of one of the enumerated mental disorders will qualify as having “active symptoms” despite their level of lucidity. Second, there is no logical or just reason why people only with a “documented history” should be treated differently.\u00a0 Obviously, the legislation envisions fraud as a reason for this requirement.\u00a0 But it is relatively common for people with these disorders to have no treatment history during the early course of their illness \u2014not to mention that there is no moral reason to treat those who have not had the opportunity for treatment to be subject to a different punishment. This is a bad Bill whatever your stance is on the death penalty.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.crimeandconsequences.blog\/?p=6198\" \/>\n<meta property=\"og:site_name\" content=\"Crime & Consequences\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/CriminalJusticeLegalFoundation\/\" \/>\n<meta property=\"article:published_time\" content=\"2022-03-30T18:55:47+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2022-03-30T19:05:20+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.crimeandconsequences.blog\/wp-content\/uploads\/2020\/07\/FB_DefaultLJ.png\" \/>\n\t<meta property=\"og:image:width\" content=\"300\" \/>\n\t<meta property=\"og:image:height\" content=\"400\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"author\" content=\"Steven Erickson\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Steven Erickson\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.crimeandconsequences.blog\/?p=6198\",\"url\":\"https:\/\/www.crimeandconsequences.blog\/?p=6198\",\"name\":\"Kentucky's Misguided Approach on the Death Penalty - Crime & Consequences\",\"isPartOf\":{\"@id\":\"https:\/\/www.crimeandconsequences.blog\/#website\"},\"datePublished\":\"2022-03-30T18:55:47+00:00\",\"dateModified\":\"2022-03-30T19:05:20+00:00\",\"author\":{\"@id\":\"https:\/\/www.crimeandconsequences.blog\/#\/schema\/person\/2815be9479f5f979daf24251ce229ed3\"},\"breadcrumb\":{\"@id\":\"https:\/\/www.crimeandconsequences.blog\/?p=6198#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.crimeandconsequences.blog\/?p=6198\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.crimeandconsequences.blog\/?p=6198#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.crimeandconsequences.blog\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Kentucky’s Misguided Approach on the Death Penalty\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.crimeandconsequences.blog\/#website\",\"url\":\"https:\/\/www.crimeandconsequences.blog\/\",\"name\":\"Crime & Consequences\",\"description\":\"Crime and criminal law\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.crimeandconsequences.blog\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.crimeandconsequences.blog\/#\/schema\/person\/2815be9479f5f979daf24251ce229ed3\",\"name\":\"Steven Erickson\",\"url\":\"https:\/\/www.crimeandconsequences.blog\/?author=7\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Kentucky's Misguided Approach on the Death Penalty - Crime & Consequences","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.crimeandconsequences.blog\/?p=6198","og_locale":"en_US","og_type":"article","og_title":"Kentucky's Misguided Approach on the Death Penalty - Crime & Consequences","og_description":"The Kentucky legislature has passed HB 269 and sent it to the Governor for approval.\u00a0 The Bill precludes the death penalty for individuals who had “active symptoms” and a “documented history” of certain enumerated mental disorders at the time of the offense conduct.\u00a0 The list includes schizophrenia, schizoaffective disorder, bipolar disorder and delusional disorder.\u00a0 The proposed legislation does not require proof that the “active symptoms” had impaired the defendant’s rationality in any manner during the commission of the crime. 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