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A Focus on Competency
Discussion: The case study of Vernon Madison
VERNON MADISON:
First and foremost, these discussions are purposely provocative; one of the purposes of education is to provoke thought and explore issues critically. If you are not being provoked to think, you are not learning. This discussion concerns a topic which some people are quite reactive about; the death penalty. Remain respectful of your classmates’ points-of-view, and maintain a civil, academic discourse.
Review the contents of the folder regarding Vernon Madison. Consider the case of Vernon Madison. Madison murdered Alabama police officer Julius Schulte. The question being considered in Discussion is not regarding Madison’s guilt in the murder of Alabama police officer Julius Schulte. Madison’s guilt has been well-established. Madison has raised affirmative defenses, which is a defense in which you admit your guilt (you admit the Actus Reus), but argue that you have a good reason for having committed the crime (you deny the Mens Rea):
“Madison has been convicted three times in the shooting of Mobile police Cpl. Julius Schulte, who was responding to an April 1985 domestic disturbance call. Madison, who was on parole, sneaked up behind Schulte and shot him twice in the head, according to court documents. He also shot his girlfriend, who survived her wounds. At his first and second trials, Madison argued that he was not guilty because he was mentally ill. At his third trial, he argued self-defense.”
The question at hand is whether or not Madison can / should be executed if he is mentally incompetent. Ford v. Wainwright has ruled in regard. There are numerous types of competencies; one is the competency to be executed.
Discussion Question:
1. Present the facts of the Vernon Madison case to the Board. Explain where the psycholegal question of competency comes into play. Explain the facts and the psycholegal question as if you were explaining it to someone who has no idea about this case.
2. There are two basic issues at hand when considering whether or not to execute the mentally incompetent: 1. Is this defendant able to effectively work on their appeal with their counsel? 2. At the moment of their execution, does this defendant understand why they are being executed? That is, are we executing someone who has no understanding of what they did or why they are being executed? And does that raise 8th amendment (cruel and unusual) concerns?
Should this be a concern? Madison has admitted his guilt. He has been convicted. He is guilty. Should we be concerned that he is now incompetent? Or should the execution proceed even if he is, in fact, incompetent?
Why or why not? Defend your argument.
Weblinks:
-https://www.apa.org/about/offices/ogc/amicus/ford
-https://eji.org/news/supreme-court-grants-review-vernon-madison-competency-be-executed/
-https://www.oyez.org/cases/2017/17-193
– https://www.al.com/news/2018/01/julius_schulte_officer_killed.html
– https://newrepublic.com/article/147208/cruelty-executing-sick-elderly
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