The death row phenomenon is a term used to refer to the emotional distress felt by prisoners on death row. Concerns about the ethics of inflicting this distress upon prisoners have led to some legal concerns about the constitutionality of the death penalty in the United States and other countries. In relation to the use of solitary confinement with death row inmates, death row phenomenon and death row syndrome are two concepts that are gaining ground. The death row syndrome must be seen as a distinct concept, which refers to the enduring psychological effects of the death row phenomenon, which merely refers to the triggers of the syndrome.
Contents
Harrison and Tamony define death row phenomenon as the harmful effects of death row conditions, while death row syndrome is the consequent manifestation of psychological illness that can occur as a result of death row phenomenon.
Phenomenon
Death row syndrome is a psychological disorder that inmates on death row can go through when they are put in isolation. Inmates on death row syndrome face suicidal attempts and psychotic delusions. According to some psychiatrists, the results of being confined to death row for an extended period of time, including the effects of knowing one will die and the living conditions, can fuel delusions and suicidal tendencies in an individual and can cause insanity in a form that is dangerous. Prisoners wait years for execution on death row and while waiting the prisoners go through painful isolation. They live in cells the size of parking spaces. Living in this kind of condition can amplify the effects of isolation. Most of the inmates stay in their cells for more than twenty hours a day. This kind of isolation and waiting for execution cause many inmates to die naturally.
Legal ramifications
As of 2013, arguments about the death row phenomenon have never been successful in avoiding the death penalty for any person in the US, but the US Supreme Court has been aware of the theory and has mentioned it in its decisions. When a serial killer named Michael Bruce Ross agreed to be executed, this had also led to a legal dispute over whether he could ever legally agree to such a thing, as the death row phenomenon might have contributed to his decision.
In Canada, the Supreme Court of Canada cited the death row phenomenon, along with a few other concerns about execution, to declare the risk of a prisoner being executed after he or she is extradited to another country to be a breach of fundamental justice, a legal right under Section 7 of the Canadian Charter of Rights and Freedoms in the Constitution of Canada. The case was United States v. Burns (2001). Earlier, in 1991, some Supreme Court justices had, in Kindler v. Canada (Minister of Justice), expressed skepticism about the legal argument regarding the phenomenon, writing that the stress was not as severe a punishment as the execution itself, and writing that the prisoners themselves choose to appeal their sentences, thus being responsible for the prolonged stay on death row. In Burns, however, the Court acknowledged that the mere process of execution, including making sure that the sentence is carried out justly, "seems inevitably to provide lengthy delays, and the associated psychological trauma." This cast doubt on whether the risk of execution after extradition, as a whole, could be compatible with the principles of fundamental justice.
In Jamaica, in the case Pratt v Attorney General for Jamaica, the death penalty was overturned for two prisoners by the Judicial Committee of the Privy Council, who had made reference to the death row phenomenon. In these judges' opinions, the prisoners had been on death row for too long, and that too many appeals were allowed to the prisoners, who were forced by instinct to attempt to appeal and were thus confined to death row for too long.