Ford v. Wainwright
Encyclopedia
Ford v. Wainwright, , was the case in which the United States
Supreme Court
upheld the common law
rule that the insane cannot be executed
; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of his competency to be executed.
in 1974 and sentenced to death in the state
of Florida
. In 1982, while on death row
, Ford's mental health diminished to a point resembling paranoid schizophrenia: Ford began referring to himself as Pope John Paul III, and reported such accomplishments as thwarting a vast Ku Klux Klan
conspiracy to bury dead prisoners inside the prison walls; foiling an attempt by prison guards to torture his female relatives inside the prison; and personally appointing nine new justices to the Florida Supreme Court. Ford also claimed he was "free to go whenever [he] wanted", because Ford theorized that anyone who executed him would in turn be executed. A panel of three psychiatrists was eventually called to examine
Ford's behavior, and concluded that while Ford suffered from psychosis
and various mental disorders, that Ford was still capable of understanding the nature of the death penalty and the effect that such a penalty would have on him. The governor of Florida, Bob Graham
, acted without further comment on the panel's findings, but in accord with a Florida Statute, and signed a death warrant for Ford in 1984. Ford sued the Secretary of the Florida Department of Corrections
, Louie L. Wainwright
.
, reviewed the evolving standards of the Eighth Amendment to be those consistent with "the progress of a maturing society
", and one not tolerable of acts traditionally branded as "savage and inhuman", as the execution of the mentally insane was considered in early English and American common law reasoned that executing the insane did not serve any penological goals and that Florida’s procedures for determining competency were inadequate. Thus, the Court made a preliminary finding that the Eighth Amendment
bars states from inflicting capital punishment upon insane persons.
The Court then further addressed the procedural issues present in making a determination of insanity for Eighth Amendment concerns. The court found that such a determination could not be left solely to the executive branch, as was done via the Florida Statute allowing then Governor Graham to sign Ford's death warrant solely on recommendation by an appointed committee of psychiatrists. Rather, the Court held, that a proper judicial hearing, in which full procedural rights would be afforded, including the right to counsel and to cross-examine witnesses, was necessary for such a finding.
In their dissents, Justices O'Connor and White claimed that execution of the insane was not per se unconstitutional. The Justices further commented, however, that states had a right to create certain protected liberties in state statutes, of which a prohibition on the execution of the insane was a liberty which could be validly created. Once validly created by a state, that liberty interested required the minimum due process protections afforded to other constitutionally protected liberties, in which sole action by the executive branch, as in this case, would still fail to provide.
Justice Rehnquist, in dissent, stated a belief that in common-law tradition, it was actually the executive branch who was sole arbiter of decisions involving the sanity of prisoners sentenced to death. In this respect, Justice Rehnquist felt that the majority had formed its opinion at the "expense of 'our common law heritage'".
The inmate was transferred to Florida State Hospital
for treatment after he was reevaluated and found to be incompetent
to be executed.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
upheld the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
rule that the insane cannot be executed
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of his competency to be executed.
Circumstances
Alvin Bernard Ford was convicted of murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
in 1974 and sentenced to death in the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. In 1982, while 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...
, Ford's mental health diminished to a point resembling paranoid schizophrenia: Ford began referring to himself as Pope John Paul III, and reported such accomplishments as thwarting a vast Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
conspiracy to bury dead prisoners inside the prison walls; foiling an attempt by prison guards to torture his female relatives inside the prison; and personally appointing nine new justices to the Florida Supreme Court. Ford also claimed he was "free to go whenever [he] wanted", because Ford theorized that anyone who executed him would in turn be executed. A panel of three psychiatrists was eventually called to examine
Competency evaluation (law)
In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process....
Ford's behavior, and concluded that while Ford suffered from psychosis
Psychosis
Psychosis means abnormal condition of the mind, and is a generic psychiatric term for a mental state often described as involving a "loss of contact with reality"...
and various mental disorders, that Ford was still capable of understanding the nature of the death penalty and the effect that such a penalty would have on him. The governor of Florida, Bob Graham
Bob Graham
Daniel Robert "Bob" Graham is an American politician. He was the 38th Governor of Florida from 1979 to 1987 and a United States Senator from that state from 1987 to 2005...
, acted without further comment on the panel's findings, but in accord with a Florida Statute, and signed a death warrant for Ford in 1984. Ford sued the Secretary of the Florida Department of Corrections
Florida Department of Corrections
The Florida Department of Corrections, established in 1821, operates state prisons in Florida. It has its headquarters in Tallahassee.The Florida Department of Corrections operates the third largest state prison system in the United States...
, Louie L. Wainwright
Louie L. Wainwright
Louie L. Wainwright was Secretary of the Florida Division of Corrections from 1962 to 1987, more than a quarter of a century. He is most famous for being the named respondent in two U.S. Supreme Court cases: Gideon v. Wainwright in which indigents are guaranteed an attorney, and Ford v...
.
Opinion
The U.S. Supreme Court, in an opinion by Justice Thurgood MarshallThurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, reviewed the evolving standards of the Eighth Amendment to be those consistent with "the progress of a maturing society
Trop v. Dulles
Trop v. Dulles, 356 U.S. 86 , was a federal case in the United States in which the Supreme Court ruled, 5-4, that it was unconstitutional for the government to revoke the citizenship of a U.S...
", and one not tolerable of acts traditionally branded as "savage and inhuman", as the execution of the mentally insane was considered in early English and American common law reasoned that executing the insane did not serve any penological goals and that Florida’s procedures for determining competency were inadequate. Thus, the Court made a preliminary finding that the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
bars states from inflicting capital punishment upon insane persons.
The Court then further addressed the procedural issues present in making a determination of insanity for Eighth Amendment concerns. The court found that such a determination could not be left solely to the executive branch, as was done via the Florida Statute allowing then Governor Graham to sign Ford's death warrant solely on recommendation by an appointed committee of psychiatrists. Rather, the Court held, that a proper judicial hearing, in which full procedural rights would be afforded, including the right to counsel and to cross-examine witnesses, was necessary for such a finding.
In their dissents, Justices O'Connor and White claimed that execution of the insane was not per se unconstitutional. The Justices further commented, however, that states had a right to create certain protected liberties in state statutes, of which a prohibition on the execution of the insane was a liberty which could be validly created. Once validly created by a state, that liberty interested required the minimum due process protections afforded to other constitutionally protected liberties, in which sole action by the executive branch, as in this case, would still fail to provide.
Justice Rehnquist, in dissent, stated a belief that in common-law tradition, it was actually the executive branch who was sole arbiter of decisions involving the sanity of prisoners sentenced to death. In this respect, Justice Rehnquist felt that the majority had formed its opinion at the "expense of 'our common law heritage'".
The inmate was transferred to Florida State Hospital
Florida State Hospital
Florida State Hospital is a hospital and mental institution in Chattahoochee, Florida. Established in 1876, it was until 1947 Florida's only state mental institution. It currently has a capacity of 1,042 patients...
for treatment after he was reevaluated and found to be incompetent
Competency evaluation (law)
In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process....
to be executed.
See also
- Panetti v. QuartermanPanetti v. QuartermanPanetti v. Quarterman, 551 U.S. 930 , is a decision by the Supreme Court of the United States, ruling that criminal defendants sentenced to death may not be executed if they do not understand the reason for their imminent execution, and that once the state has set an execution date death-row...
- Penry v. LynaughPenry v. LynaughPenry v. Lynaugh, , sanctioned the death penalty for mentally retarded offenders because the Court determined executing the mentally retarded was not "cruel and unusual punishment" under the Eighth Amendment...
- List of criminal competencies
- List of United States Supreme Court cases, volume 477
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court