Congressional Digest

Supreme Court Debates March 2019 No. 3 Vol. 22
American Psychological Association and American Psychiatric Association, Amici Curiae

Dementia and the Death Penalty

Executing Inmates With Diminished Capacity

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American Psychological Association and American Psychiatric Association, Amici Curiae

David W. Ogden, Counsel of Record

The American Psychological Association and the American Psychiatric Association are national membership organizations representing mental health professionals. David W. Ogden is a partner with the law firm WilmerHale, where he chairs the government and regulatory litigation practice group. The following is excerpted from the Amicus Curiae Brief for Petitioner as submitted to the U.S. Supreme Court on May 29, 2018. This Court has repeatedly emphasized the humanitarian concerns underlying the common-law prohibition on executing individuals who lack the capacity to prepare for execution. In one case, for example, the Court explained that executing someone who is incompetent has long been…

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