The 8th Amendment of the constitution of the United States of America stipulates that imposing excessive bail, excessive fines or cruel and unusual punishments are ALL prohibited. In fact the U.S. Supreme Court has ruled that this amendment’s Cruel and Unusual Punishment Clause applies to the states.
However despite this it appears, if news reports are correct, that tomorrow Marvin Wilson a 54 who has been subjected to scientifically-recognised tests that show him to be intellectually disabled – or “mentally retarded” as the US legal system still calls the condition will be put to death in Texas.
So this writer whilst fully recognizing that I am neither an american citizen (although many of our members are) nor an expert on constitutional or Texas state law has to ask the following three important questions….
1) Hey Texas, Have you read the 8th Amendment?
2) Hey Texas, If so, do you not consider yourself bound by the US Constitution? And,
3) Hey Texas, When did widely recognized and professionally accepted diagnoses methodology become unacceptable to you as a State, being instead replaced by “Fictional” models?
And most importantly…
4) Hey Texas, whilst I understand – even from my limited knowledge – that “cruel and unusual punishments” is a phrase which can be subject to numerous legal interpretations and definitions, is it really that hard to understand and apply the context and stance and intent of such legislation?
5) Hey Texas, is it really that hard to do the right thing and to protect and stand up for the mentally ill?
Because let me tell you, in the opinion of this writer, it truly isn’t that difficult – let me show you how…