Please read the following case study
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Case Study: Death Row Appeal
Answer the following questions:
Question 1: Is it legally, morally, and ethically fair to prevent Joe from making his own decision? Research the case law and summarize your recommendations.
Question 2: There appear to be only two choices in this case: death or life in prison. Evaluate the roles of both Ann and Sally in this case. How could they work together on this case?
Question 3: Evaluate Joe’s quality of life from all perspectives.
Please submit the assignment as an attachment and make sure that you cite your references, both in-text and as a reference page, pursuant to APA guidelines. The answer should be at least 500 words and show critical thinking and indicate the evidence used for analysis.
Additionally, the paper must be double-spaced, paginated, have one-inch margins, and be in Times New Roman 12-point font. The form and style of the paper must follow the Seventh Edition of the Publication Manual of the American Psychological Association (APA).
ALSO, IF YOUR PAPER CONTAINS ANY CUT AND PASTE, EVEN IF CITED, YOU WILL RECEIVE A GRADE OF “F” AS THIS IS PLAGIARISM ACCORDING TO COLLEGE POLICY. ANY USE OF A SOURCE MUST BE IN YOUR OWN WORDS AND PROPERLY CITED IN APA FORMAT. IN ADDITION, NO QUOTES OF ANY KIND ARE PERMITTED IN THE SUBMISSION. Please see the following for more information: Academic Honesty
Death Row Appeal
Sally was a prison social worker responsible for interviewing individuals who may have been involved in her client’s crime. She also advocated for her clients’ rights. Sally’s client, named Joe was on Death Row convicted of first degree murder. Ann, Joe’s attorney hired Sally because of her experience dealing with mental illness in clients. Joe was diagnosed with schizophrenia and Ann felt this was a mitigating factor in Joe not wanting to appeal his conviction.
Ann was conflicted because as an attorney she must advocate for what Joe wants and not what she feels is in his best interest. Ann has worked several death row cases in the past and was morally opposed to the death penalty. However, this was her first case where the client did not want to appeal his conviction. Joe said he wanted to die rather than live like an animal. Sally felt Ann should consider and respect Joe’s wishes. But, Sally also felt conflicted because she had to balance the need to respect Joe’s rights but also protect him since he had schizophrenia.
Ann uncovered some interesting and disturbing facts. Joe had been arrested for several minor infractions in the past and was well known by the local police officers. During one incident he proclaimed to be Chac, the Mayan rain god and believed when he died he would fall on the entire earth in the form of rain and bring peace and prosperity to all. Joe feels that a heroic act such as this will cause everyone to worship him. Sally explained to Ann this may be because of his mental illness or just spirituality and his religious beliefs. Joe was paranoid and did not trust professionals; but he was extremely articulate and well aware of his surroundings. Sally did not feel Joe’s mental illness made him incompetent to make his own decisions. Ann kept going back to Joe’s statement about living like an animal and wondered if the conditions at the prison were not up to par. Diane spoke with Joe and she relayed his wishes and a quality of life situation and that he knew what he was doing. He insisted he had the right to make his own decisions and told Sally she was to respect that right. Sally relayed this information to Ann. Ann got very indigent and told Sally to remember that she was the one who signed her paycheck. Sally feared she would be let go if she did not do as Ann asked of her. Being let go could be a bad reflection on Sally’s career as others may mistakenly feel she is an incompetent social worker.
Ann researched U.S. Supreme Court decision such as Estelle v. Gamble and Wellman v. Faulkner regarding health care in prisons. Ann wanted to make sure she was providing the correct advice legally. Additionally, Ann reviewed Dusky v. United States regarding competence. Ann was ready to have Joe ruled incompetent to make his own decision.
Question 1: Is it legally, morally, and ethically fair to prevent Joe from making his own decision? Research the case law and summarize your recommendations.
Question 2: There appears to be only two choices in this case; death or life in prison. Evaluate the roles of both Ann and Sally in this case. How could they work together on this case?
Question 3: Evaluate Joe’s quality of life from all perspectives.