Fact Issues - Death Penalty

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As these words are being typed, the jurors over in Sarasota, Florida, are deciding whether or not Michael King should die.

Who is Michael King? The Mitigating Circumstances

Michael King has just been convicted of the kidnapping, rape, and murder of Denise Lee.  He is 38 years old.  The prosecution does not contest that King…

Other mothers murder their children because the children are not wanted or are resented. One such mother, Susan Smith, strapped her two small boys, a fourteen month old and a three year old, into the backseat of her car, rolled up the windows, and pushed the car into a lake.

She first claimed her two sons were taken in a car jacking by an unidentified black man. Smith concocted elaborate lies in the national media, pleading for the safe return of her two children. Later, Smith told police she intended to kill herself, but changed her mind at the last minute and jumped from the car.

In fact, her father had committed suicide, and Susan had attempted suicide at least once in her life. Her stepfather sexually abused her, with whom she continued to have a sexual relationship once she was an adult. Smith also had an affair with her boss and craved a relationship with him. When he ended the affair because he did not want the complication of children in his life, she became desperate to rid herself of her children.

Susan Smith was convicted of two counts of murder. However, on July 28, 1995, a South Carolina jury rejected the idea of sentencing a young mother to death for drowning her two sons. She was sentenced to life imprisonment instead.
Continue Reading In Depth Look: Filicide is Different – 4

This morning, at 11:00 EST, oral arguments will begin before the United States Supreme Court on whether or not a federal appeals court (the 6th Circuit) interfered with a state court death penalty case where the defendant was found to be mentally retarded. And while that sounds very procedural and legalistic, whether or not Michael Bies will be executed by the State of Ohio is the real issue here.

The case, Bobby v. Bies (08-598), has the Solicitor General of Ohio, Benjamin C. Mizer, arguing for the warden. Professor John Blume, of Cornell Law School, is advocating for Michael Bies.

It’s Already Been Decided that the Death Penalty Cannot Be Imposed Upon Mentally Retarded Individuals

Back in 2002, the Supreme Court already held that the execution of mentally retarded individuals violates the due process provisions of the Eighth Amendment (Atkins v. Virginia). Today, the High Court is looking at double jeopardy protections. Specifically, in the Bies case, the focus will be whether or not double jeopardy protects a defendant at a state (not federal) post-conviction hearing where mental competency is being assessed pursuant to Atkins, when the issue of the defendant’s “borderline mental retardation” had already been recognized earlier, by the state supreme court.
Continue Reading Will a mentally retarded man, Michael Bies, be put to death in Ohio?

Progressive postpartum depression is one of the least recognized diseases suffered by young mothers despite the fact that almost 80% of women who give birth experience some form of postpartum upset. Although this symptom picture is well described in the research literature, postpartum depression is not recognized in the mental health professional’s legal “bible,” the Diagnostic Statistical Manual of Mental Disorders, fourth edition (“DSM IV”). [20] The symptoms of postpartum depression may masquerade as manic-depression (bipolar disorder). Periods of euphoria, agitation, sleeplessness, sexual promiscuity, and hyperactivity characterize the manic symptoms. Poor judgment is a result. [21]

Progressive Postpartum Depression and Psychosis

A common misperception is that the postpartum depression is nothing more than the “baby blues” and will disappear on its own shortly after childbirth. [22] However, if untreated, the disease can develop into a more severe form, progressive postpartum depression or even psychosis. When this happens, the mother suffers from continued episodes of mania or depression, each one progressively worse than the last. Rejections, separations, and losses often trigger subsequent recurrent episodes. Because of the episodic nature, the woman is often untreated or undiagnosed until a tragedy occurs.

Despite the common misconception that only newborns are at risk from this disease, mothers suffering from the more severe form kill older children. The case of Andrea Yates more than amply illustrates this point.
Continue Reading In Depth Look: Filicide is Different – 3

Subsequent studies agree with Resnick’s Classification of Motives in Maternal Filicide Cases

Subsequent studies have agreed on a commonality of motives in cases of maternal filicide.[8] These motives are: (1) the mother’s mental illness, often seen as “pathological,” “acutely psychotic,” or “mentally ill” killings, (2) lack of bonding with the child, manifested as “neonaticide,” “unwanted child,” or “ignored pregnancy” deaths, and (3) inadequate parenting, resulting in “accidental,” “discipline-related,” or “neglect” deaths.

Recent Studies Look Not Only at Motive, but at the Nature of the Mother-Child Relationship

Recent studies focus on more than just the motive, but on the nature of the mother-child relationship. Forensic psychiatric evaluations of women criminally charged with the deaths of their children found the following characterizations of the mother-child relationship: abusive / neglectful mothers, psychotic / depressed mothers, retaliatory mothers, psychopathic mothers, and detached mothers.
Continue Reading In Depth Look: Filicide is Different – 2

The mitigating circumstances that can apply in any given first degree murder case are those set forth in Florida Statute § 921.141(6):

1. § 921.141(6)(a): The defendant has no significant history of prior criminal history.

2. § 921.141(6)(b): The capital felony was committed while the defendant was under influence of extreme mental or emotional disturbance.…

At the outset, death is different.

In State v. Dixon, 283 So. 2d 1 (Fla. 1973), the Supreme Court of Florida upheld the constitutionality of the death penalty statute. The court found that “death is unique punishment in its finality and in its total rejection of the possibility of rehabilitation.” As such, the court confirmed that it was the intent of the legislature to reserve application of the death penalty “only to the most aggravated and least mitigated of the most serious crime.” Accordingly, the Florida Legislature put into place a special process with safeguards so that the death penalty is applied properly after conviction of a capital crime.

Multi-Step Process Between Conviction and Imposition of the Death Penalty

A separate multi-step process exists between conviction and the imposition of the death penalty. After a defendant is found guilty of a capital offense subject to the death penalty, the first step is a second trial to determine whether death will be imposed. At this trial, the jury hears evidence concerning aggravators, circumstances that weigh toward death, and mitigators, which weigh in favor of mercy.

The defense and prosecution can present new evidence supporting these circumstances. The jury then makes a sentencing recommendation based on these aggravators and mitigators. Florida, unlike many other states, does not require that the death recommendation be unanimous. A simple majority, a single person, is all it takes for a recommendation of death.

The Fifteen Aggravating Circumstances As Defined by Florida Statute

The aggravating circumstances that can apply in any given first degree murder case are limited to those set forth in Florida Statute § 921.141(5). These circumstances are limited to fifteen possible aggravators:
Continue Reading In Depth Look: Death in Florida