Death row phenomenon
Encyclopedia
The death row phenomenon, also known as the death row syndrome, is a term used to refer to the emotional distress
felt by prison
ers on death row
. Concerns about the ethics of inflicting this distress upon prisoners have led to some legal concerns about the constitution
ality of the death penalty in the United States
and other countries. In relation to the use of solitary confinement with death row inmates, death row phenomenon and death row syndrome are two concepts that are gaining ground.
Harrison and Tamony define death row phenomenon as the harmful effects of death row conditions, whilst death row syndrome is the consequent manifestation of psychological illness that can occur as a result of death row phenomenon.
s, the results of being confined to death row for an extended period of time, including the effects of knowing one will die and the living conditions, can fuel delusion
s and suicidal
tendencies in an individual and can cause insanity
in a form that is dangerous. The theory of the death row phenomenon may be traced to 1989, when the European Court of Human Rights
agreed that poor conditions on death row in Virginia
should mean that a fugitive should not be extradited to the US unless the US agreed it would not execute the fugitive should he or she be convicted. Additionally, the number of years that the fugitive would be on death row was considered problematic. The case is known as Soering v. United Kingdom
. Earlier, however, in 1950, a justice on the United States Supreme Court in Solesbee v. Balkcom remarked that the "onset of insanity while awaiting execution of a death sentence is not a rare phenomenon". Often the death row phenomenon, being a result of a prolonged stay on death row, is an unintentional result of the long procedures used in the attempt to ensure the death penalty is applied only to the guilty.
named Michael Bruce Ross agreed to be executed, this had also led to a legal dispute over whether he could ever legally agree to such a thing, as the death row phenomenon might have contributed to his decision.
In Canada, the Supreme Court of Canada
cited the death row phenomenon, along with a few other concerns about execution, to declare the risk of a prisoner being executed after he or she is extradited to another country to be a breach of fundamental justice
, a legal right under Section 7
of the Canadian Charter of Rights and Freedoms
in the Constitution of Canada
. The case was United States v. Burns
(2001). Earlier, in 1991, some Supreme Court justices had, in Kindler v. Canada (Minister of Justice)
, expressed skepticism about the legal argument regarding the phenomenon, writing that the stress was not as severe a punishment as the execution itself, and writing that the prisoners themselves choose to appeal their sentences, thus being responsible for the prolonged stay on death row. In Burns, however, the Court acknowledged that the mere process of execution, including making sure that the sentence is carried out justly, "seems inevitably to provide lengthy delays, and the associated psychological trauma." This cast doubt on whether the risk of execution after extradition, as a whole, could be compatible with the principles of fundamental justice.
In Jamaica
, in the case Pratt v. Attorney General for Jamaica, the death penalty was overturned for two prisoners by the Judicial Committee of the Privy Council
, who had made reference to the death row phenomenon. In these judges' opinions, the prisoners had been on death row for too long, and that too many appeals were allowed to the prisoners, who were forced by instinct to attempt to appeal and were thus confined to death row for too long.
Stress (medicine)
Stress is a term in psychology and biology, borrowed from physics and engineering and first used in the biological context in the 1930s, which has in more recent decades become commonly used in popular parlance...
felt by prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
ers on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
. Concerns about the ethics of inflicting this distress upon prisoners have led to some legal concerns about the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
ality of the death penalty in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and other countries. In relation to the use of solitary confinement with death row inmates, death row phenomenon and death row syndrome are two concepts that are gaining ground.
Harrison and Tamony define death row phenomenon as the harmful effects of death row conditions, whilst death row syndrome is the consequent manifestation of psychological illness that can occur as a result of death row phenomenon.
The phenomenon
According to some psychiatristPsychiatrist
A psychiatrist is a physician who specializes in the diagnosis and treatment of mental disorders. All psychiatrists are trained in diagnostic evaluation and in psychotherapy...
s, the results of being confined to death row for an extended period of time, including the effects of knowing one will die and the living conditions, can fuel delusion
Delusion
A delusion is a false belief held with absolute conviction despite superior evidence. Unlike hallucinations, delusions are always pathological...
s and suicidal
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
tendencies in an individual and can cause insanity
Insanity
Insanity, craziness or madness is a spectrum of behaviors characterized by certain abnormal mental or behavioral patterns. Insanity may manifest as violations of societal norms, including becoming a danger to themselves and others, though not all such acts are considered insanity...
in a form that is dangerous. The theory of the death row phenomenon may be traced to 1989, when the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
agreed that poor conditions on death row in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
should mean that a fugitive should not be extradited to the US unless the US agreed it would not execute the fugitive should he or she be convicted. Additionally, the number of years that the fugitive would be on death row was considered problematic. The case is known as Soering v. United Kingdom
Soering v. United Kingdom
Soering v United Kingdom 11 Eur. Ct. H.R. is a landmark judgment of the European Court of Human Rights which established that extradition of a young German national to the United States to face charges of capital murder violated Article 3 of the European Convention on Human Rights guaranteeing...
. Earlier, however, in 1950, a justice on the United States Supreme Court in Solesbee v. Balkcom remarked that the "onset of insanity while awaiting execution of a death sentence is not a rare phenomenon". Often the death row phenomenon, being a result of a prolonged stay on death row, is an unintentional result of the long procedures used in the attempt to ensure the death penalty is applied only to the guilty.
Legal ramifications
, arguments about the death row phenomenon have never been successful in avoiding the death penalty for any person in the US, but the US Supreme Court has been aware of the theory and has mentioned it in its decisions. When a serial killerSerial killer
A serial killer, as typically defined, is an individual who has murdered three or more people over a period of more than a month, with down time between the murders, and whose motivation for killing is usually based on psychological gratification...
named Michael Bruce Ross agreed to be executed, this had also led to a legal dispute over whether he could ever legally agree to such a thing, as the death row phenomenon might have contributed to his decision.
In Canada, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
cited the death row phenomenon, along with a few other concerns about execution, to declare the risk of a prisoner being executed after he or she is extradited to another country to be a breach of fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
, a legal right under Section 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
in the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
. The case was United States v. Burns
United States v. Burns
United States v. Burns [2001] 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada in which it was found that extradition of individuals to places where they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms...
(2001). Earlier, in 1991, some Supreme Court justices had, in Kindler v. Canada (Minister of Justice)
Kindler v. Canada (Minister of Justice)
Kindler v. Canada was a landmark decision of the Supreme Court of Canada where it was held that the government policy that allowed for extradition of convicted criminals to a country where they may face the death penalty was valid under the Canadian Charter of Rights and Freedoms...
, expressed skepticism about the legal argument regarding the phenomenon, writing that the stress was not as severe a punishment as the execution itself, and writing that the prisoners themselves choose to appeal their sentences, thus being responsible for the prolonged stay on death row. In Burns, however, the Court acknowledged that the mere process of execution, including making sure that the sentence is carried out justly, "seems inevitably to provide lengthy delays, and the associated psychological trauma." This cast doubt on whether the risk of execution after extradition, as a whole, could be compatible with the principles of fundamental justice.
In Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
, in the case Pratt v. Attorney General for Jamaica, the death penalty was overturned for two prisoners by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, who had made reference to the death row phenomenon. In these judges' opinions, the prisoners had been on death row for too long, and that too many appeals were allowed to the prisoners, who were forced by instinct to attempt to appeal and were thus confined to death row for too long.
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