Perry v. Louisiana
Encyclopedia
Perry v. Louisiana is a case brought before the U.S. Supreme Court over the legality of the forcibly medicating
a death row
inmate with a mental disorder in order to render him competent to be executed
.
. Following the murders, he fled the state, leaving behind a list of five other intended targets, including Justice
Sandra Day O'Connor
and Olivia Newton-John
. He was ultimately arrested at a hotel in Washington D.C., apparently on his way to kill O'Connor.
A jury convicted him of the five murders and sentenced him to the death penalty. After his sentencing the trial court found that his competence
to be executed depended on his taking psychiatric medication
and ordered that he be forcibly medicated
to be sure he remained competent. Ford v. Wainwright
has already established that an insane inmate cannot be executed.
for further deliberation in view of Washington v. Harper
(1990), also a case involving involuntary medication, which had been decided after the District Court's ruling.
Upon remand, the lower court ruled against the forcible medication of individuals in order to maintain their competency for execution. This decision was based on the distinction that, unlike Harper v. Washington which was concerned with involuntary medication for treatment issues, forcing medication for the purposes of execution was not medical treatment (being "antithetical to the basic principles of the healing arts") but punishment.
In addition, the court found two state laws on which to base its holding. First it found that forcibly medicating a person for the purposes of execution was cruel and unusual punishment
under Louisiana state law because "it fails to measurably contribute to the social goals of capital punishment" by adding to the individual's punishment "beyond that required for the mere extinguishment of life," and could be "administered erroneously, arbitrarily or capriciously". It also held that forcible medication in this situation violated the right to privacy guaranteed by the Louisiana State Constitution because the inhumanity of the situation rendered the state's interest in executing a person under these conditions less compelling.
, a psychotic inmate who does not have an understanding of what is about to occur is not competent to be executed and therefore cannot be executed. The complex issues of forcibly medicating an individual to make him competent for execution posed in Perry v. Louisiana illustrates the conflict between the judicial interests in imposing capital punishment
for certain murderers and the medical physician's Hippocratic Oath
, "first do no harm." Medical ethics are primarily guided by "first do no harm". If other states follow Louisiana's example and specify that the judiciary must provide legal support for this medical ethical imperative, the practice of forcibly medicating death row inmate would cease, and the conflict between these issues would disappear. However, currently these conflicting issues continue to exist.
Involuntary treatment
Involuntary treatment refers to medical treatment undertaken without a person's consent. In almost all circumstances, involuntary treatment refers to psychiatric treatment administered despite an individual's objections...
a 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...
inmate with a mental disorder in order to render him competent to be executed
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....
.
Circumstances
Michael Owen Perry murdered five people, including his parents and infant nephew, at and around his parent's home in LouisianaLouisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
. Following the murders, he fled the state, leaving behind a list of five other intended targets, including Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
and Olivia Newton-John
Olivia Newton-John
Olivia Newton-John AO, OBE is a singer and actress. She is a four-time Grammy award winner who has amassed five No. 1 and ten other Top Ten Billboard Hot 100 singles and two No. 1 Billboard 200 solo albums. Eleven of her singles and 14 of her albums have been certified gold by the RIAA...
. He was ultimately arrested at a hotel in Washington D.C., apparently on his way to kill O'Connor.
A jury convicted him of the five murders and sentenced him to the death penalty. After his sentencing the trial court found that his competence
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 depended on his taking psychiatric medication
Psychiatric medication
A psychiatric medication is a licensed psychoactive drug taken to exert an effect on the mental state and used to treat mental disorders. Usually prescribed in psychiatric settings, these medications are typically made of synthetic chemical compounds, although some are naturally occurring, or at...
and ordered that he be forcibly medicated
Involuntary treatment
Involuntary treatment refers to medical treatment undertaken without a person's consent. In almost all circumstances, involuntary treatment refers to psychiatric treatment administered despite an individual's objections...
to be sure he remained competent. Ford v. Wainwright
Ford v. Wainwright
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...
has already established that an insane inmate cannot be executed.
Ruling
Per curiam, the Supreme Court vacated the lower court's ruling without issuing an opinion. The case was remanded to the Louisiana Supreme CourtLouisiana Supreme Court
The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans....
for further deliberation in view of Washington v. Harper
Washington v. Harper
Washington v. Harper 494 U.S. 210 is a case in which an incarcerated inmate sued the state of Washington over the issue of involuntary medication, specifically antipsychotic medication.-Circumstances:...
(1990), also a case involving involuntary medication, which had been decided after the District Court's ruling.
Upon remand, the lower court ruled against the forcible medication of individuals in order to maintain their competency for execution. This decision was based on the distinction that, unlike Harper v. Washington which was concerned with involuntary medication for treatment issues, forcing medication for the purposes of execution was not medical treatment (being "antithetical to the basic principles of the healing arts") but punishment.
In addition, the court found two state laws on which to base its holding. First it found that forcibly medicating a person for the purposes of execution was cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
under Louisiana state law because "it fails to measurably contribute to the social goals of capital punishment" by adding to the individual's punishment "beyond that required for the mere extinguishment of life," and could be "administered erroneously, arbitrarily or capriciously". It also held that forcible medication in this situation violated the right to privacy guaranteed by the Louisiana State Constitution because the inhumanity of the situation rendered the state's interest in executing a person under these conditions less compelling.
Significance
Per Ford v. WainwrightFord v. Wainwright
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...
, a psychotic inmate who does not have an understanding of what is about to occur is not competent to be executed and therefore cannot be executed. The complex issues of forcibly medicating an individual to make him competent for execution posed in Perry v. Louisiana illustrates the conflict between the judicial interests in imposing capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
for certain murderers and the medical physician's Hippocratic Oath
Hippocratic Oath
The Hippocratic Oath is an oath historically taken by physicians and other healthcare professionals swearing to practice medicine ethically. It is widely believed to have been written by Hippocrates, often regarded as the father of western medicine, or by one of his students. The oath is written in...
, "first do no harm." Medical ethics are primarily guided by "first do no harm". If other states follow Louisiana's example and specify that the judiciary must provide legal support for this medical ethical imperative, the practice of forcibly medicating death row inmate would cease, and the conflict between these issues would disappear. However, currently these conflicting issues continue to exist.
See also
- List of United States Supreme Court cases, volume 498
- 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
- Washington v. HarperWashington v. HarperWashington v. Harper 494 U.S. 210 is a case in which an incarcerated inmate sued the state of Washington over the issue of involuntary medication, specifically antipsychotic medication.-Circumstances:...