Capital Punishment:
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Capital punishment, a practice that is highly charged and generates moral issues as to its applicability, has remained a subject of discussion about its use and admissibility on vulnerable groups. This jurisprudence crisis in the United States, particularly in Texas, calls for a reconsideration of justice and decent treatment for the mentally impaired, especially in capital punishment. Tomas Gallo, who was convicted of the death penalty in 2004 in connection with the murder and rape of the 3-year-old daughter of his girlfriend, was averted from being executed because he had a diminished capacity (Kirk, 2018). However, the Court of Criminal Appeals of Texas overturned the earlier decision based on the fact it increased the support of the U. S. Supreme Court for the United States Constitution’s Eighth Amendment, which bans the execution of mentally disabled people. After the mental retardation was confirmed, Gallo’s death sentence was converted to life imprisonment because of the psychological assessment of George Denkowski, who was considered to be unprofessional before.
In this particular case, the major ethical concern stems from the prescription of capital punishment for intellectually disabled persons, hence undermining justice and mercy. Justice entails fair treatment of each person in society, something that goes with the toss when mentally impaired persons are subjected to the death penalty. Following the deontological approach to the problem, this case directly refers to the basic non-negotiable moral principles such as the prohibited inflict of cruel and unusual punishments according to the Eighth Amendment. In this case, indulging the court to spare Gallo’s life prevents the victimization of vulnerable populations and stands for fairness and justice as well as humane action (USA Today, 2018). In addition to this, this case calls for compliance with ethical standards in psychological assessments, which is essential, particularly when dealing with ID clients. The first unethical practice that characterized the attempts at assessment made by George Denkowski, maligned through practice, is reflected in the following points: The recognition of the main character’s intellectual disability at last, as well as the court decision, reflect the role of ethical principles in the context of correcting the mistakes of society and guaranteeing legal and moral justice in the courts. Thus, this case should be viewed as an important lesson for the ethical dilemmas and the relationship to capital punishment and its application to individuals with intellectual disabilities.
References
Kirk, C. (2018). Campus Battlefield. Post Hill Press. www.washingtonexaminer.com/tag/tws-archive/
USA Today. (2018). USA TODAY: Latest World and US News – USATODAY.com. USA TODAY. https://www.usatoday.com
The Wall Street Journal & Breaking News, Business, Financial and Economic News, World News and Video. (2019). The Wall Street Journal. https://www.wsj.com