• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Execution of Wanda Jean. Wanda Jean Allens mental defects, which included frontal lobe brain damage and mental retardation, were never discussed nor considered in her criminal murder trial of 1989.

Extracts from this document...


The Execution of Wanda Jean The substantial capacity test states that ?a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirement of law.?[1] Wanda Jean Allen?s mental defects, which included frontal lobe brain damage and mental retardation, were never discussed nor considered in her criminal murder trial of 1989. Guilt or innocence aside, Wanda Jean Allen was not granted due process of law. Wanda Jean shot and killed her girlfriend in 1988. She was subsequently convicted of first-degree murder and sentenced to death in 1989. ...read more.


black and similarly situated). With regard to legal fairness, Wanda Jean's constitutional rights were violated in several ways: First, her public defender requested removal from her original case in 1988 after learning of the state's intention to pursue the death penalty. Because he had never defended a death penalty case, he, admittedly, lacked the necessary experience and requested withdrawal. His request was denied; so much for the constitutional right to assistance of counsel. Secondly, Wanda Jean sustained brain damage to her frontal lobe in early childhood. Studies have indicated that frontal lobe damage results in the lack of inhibition and impulse control, particularly under conditions of stress. This evidence of brain damage and mental impairment was never presented in her original trial. ...read more.


In fact, Wanda Jean?s attorneys had prepped her for potential questions from the board. At the end of Wanda Jean?s tearful speech for clemency, the board was asked if they had any questions -- to which they responded with a resounding ?no?. Wanda Jean Allen was executed in January of 2001. This case was an abhorrent miscarriage of justice and a disturbing example of inequities within our criminal justice system. Years ago, I was more idealistic in terms of repairing our system. However, after observing countless legal proceedings, I must admit that I do not even know where or how to begin. Where does change start? ________________ [1] Grana, S., et al. The Social Context of Law. Second Edition. New Jersey: Prentice Hall, 2002. [2] Garbus, Liz. The Execution of Wanda Jean. 2002. [3] Garbus, Liz. The Execution of Wanda Jean. 2002. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Other Jurisdictions section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Other Jurisdictions essays

  1. Anticipatory Bail under CRPC. A critical study of the recent amendments and judicial interpretation ...

    Anticipatory Bail is a statutory right conferred long after the coming in force of the constitution and it cannot be considered an essential ingredient of Article 21. Conclusion As it is evident from the discussion above that anticipatory bail is an extraordinary provision conferred on the courts of highest echelon

  2. Introduction to American Law. 5 questions on the US legal system.

    Alternatively it may be argued that rude, vulgar, and profane language towards officials can be summarized as "fighting words". Basically these are words which are likely to make the person to whom they are addressed commit an act of violence, probably against the speaker.

  1. Hong Kong Constitutional Law - in order to combat cross-border crime in an effective ...

    61 See note 58 above. 62 Ibid. 63 Ibid. 64 Ibid. 65 Article 19 of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. 66 Ibid, see also note 58 above. 67 See note 58 above. 68 ibid. 69 Ibid. 70 See note 3 above, at page 57.

  2. Sir William Macpherson's inquiry into the investigation of the murder of Stephen Lawrence

    stop were not accusing the respondent of committing the crime.'11 All police officers cannot be racist as '2.6 per cent...are from an ethnic minority.'12 I am not implying, by any means whatsoever, that all of the remaining white officers are racist, but it is important to note that victims' 'negative

  1. Land law. The purpose of this paper is to present an analytical and investigative ...

    Contract law Legal doctrines hasve classified contracts law into categories of as expressed or implied, valid or voidable.9 Implied contracts refer to those in which the initial formation (offer and acceptance) is accomplished through actionword of mouth which is protected in equity.

  2. Unilateral Divorce in Muslim Law

    rights or in proceedings under section 125 of the Code of Criminal Procedure, 1973, if the husband takes the plea that he had pronounced talaq on his wife, that is enough and results in divorce.[55] If the words used in the pronouncement of talaq are not clear or ambiguous, then the proof of intention is necessary.

  1. Indian Law. The Legality of In Camera Trials

    The names should be openly available of the personnel of the trial: the accused, judge and witnesses. 5. The trial is to take place in the presence of the accused. 6. The accused is presumptively entitled to confront his accusers.

  2. Fetal Abuse and American Law

    was stillborn.[53] Regina was African-American, homeless, and addicted to crack-cocaine.[54] Upon the stillbirth of her child, the doctors tested both Regina and her child for drugs.[55] Cocaine metabolites were found in both.[56] Although the first trial ended as a mistrial, Regina was convicted and sentenced to twenty years in prison

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work