Judge allows execution of Alfred Bourgeois execution-SCOTUSblog


Posted by Kalvis Golde on Friday, December 11, 2020 9:31 pm

After the Supreme Court ruling on Friday night, Alfred Bourgeois became the tenth person executed by the federal government this year Reject his application Delayed execution. Judges Elena Kagan and Sonia Sotomayor said they would approve the application.

Federal law and Supreme Court jurisprudence prohibit the execution of persons with mental disabilities.Bourgeoisie Tell the judge He meets the current psychological standards regarding intellectual disability, which became a necessary legal standard after his sentence. He asked the justices to postpone the execution of the death sentence so that they could consider whether to sentence him to death legally.

Soon after the judge refused to appeal, the bourgeoisie was executed by lethal injection at the federal prison in Terre Haute, Indiana.he is Declared dead at 8:21 p.m. Eastern Standard Time.

The bourgeoisie was convicted of murder in 2004 for the murder of his two-year-old daughter while being delivered to Corpus Christi Naval Air Station in Texas. The evidence in the trial showed that he had been beaten for a month before his daughter died. At the appeal hearing, the sister of the bourgeoisie revealed that this form of abuse was not new: she said that when he was young, their mother beat him up.again and againDue to his mental retardation.

The Supreme Court ruled in 2002 Atkins v. Virginia Execution of persons with mental disabilities is unconstitutional. After accepting the death sentence, the bourgeoisie sought a ruling from a federal court in Texas, arguing that he was an intellectually disabled person and was therefore barred from execution. His appeal was unsuccessful. The court ruled that although his IQ was below the disability threshold, the question of whether his “intelligence function was significantly lower than average” was a fact of the court’s decision, not a psychological problem, and his behavior did not show disability.

Since then, Bourgeois told the judiciary that the competitive environment has undergone two changes.

First, the Supreme Court’s decision 2017 with 2019 year It is clearly pointed out that according to federal law, the relevant standards for intellectual disability in death penalty cases are the latest definitions of the American Psychiatric Association and the American Association for Intellectual and Developmental Disabilities. The bourgeoisie believed that he encountered two. He argued after the 2017 ruling that the court’s ruling invalidated his first appeal, but it was unsuccessful.

Second, in the summer of 2019, the federal government began arranging executions for the first time in 15 years. The initial implementation date of the bourgeoisie is January 13, 2020. A federal court in Indiana suspended the execution of the death penalty, arguing that the bourgeoisie had “significantly” shown disability under contemporary standards. A panel of the U.S. Court of Appeals for the Seventh Circuit resumed his execution in October. The bourgeoisie asked the entire seventh circuit to be reconsidered. At the same time, the government set the new implementation date as December 11. On December 1, the day after he rejected his reassessment request, Bourgeois filed a final appeal to the Supreme Court on the grounds that the Seventh Circuit wrongly believed that he was prohibited from raising a salary. New requirements based on federal law.The government urges the justices do not disturb The ruling.

In a brief unsigned order, the Supreme Court rejected the bourgeoisie’s request to suspend the execution of the death penalty. Sotomayor issued a four-page objection, and Kagan also joined the objection.

Sotomayor wrote: “Although the bourgeoisie with an IQ between 70 and 75 argues that he is mentally disabled according to current clinical standards, today’s courts still allow the execution of Alfred Bourgeois’s Execution.” She argued that the court should order the suspension and accept an appeal from the bourgeoisie to resolve whether his execution (and those in similar situations in death cells) is prohibited by the Federal Death Penal Law prohibiting the execution of persons with intellectual disabilities.

Published on Bourgeois v. Watson, Bourgeois v. Watson, Featured, Capital case

Recommended citation:
Kalvis Golde
The judge allowed the execution of Alfred Bourgeois,
SCOTUS blog (December 11, 2020, 9:31 PM), https://www.scotusblog.com/2020/12/justices-allow-execution-of-alfred-bourgeois-to-proceed/

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