Does Therapeutic Jurisprudence Exist in Death Penalty Law?

摘要

The right to refuse treatment doctrine for inmates awaiting execution is a highly disputed issue in our criminal justice system today. One important aspect to this legal right is its relationship to therapeutic jurisprudence. This dissertation systematically analyzes the right to refuse treatment dispute for incompetent death row inmates. Special consideration is given to the history of the right to refuse treatment and the precedent case law associated to it. The evolution of this right as it relates to inmates awaiting execution is explored. A statutory content analysis of all thirty-five death penalty states and a comparative and contrast examination of relevant state law and landmark cases are examined. This analysis concludes by examining the legal doctrine known as therapeutic jurisprudence. The presentation of this material enables a comprehensive assessment of what state interests are considered in right to refuse treatment case law involving incompetent death row inmates.