Friday, May 13, 2011


After reading the commentary on the article, Texas Psychologist Punished in Death Penalty Cases, I agree with Ashley and find it all to be a little on the fishy side.  “The U.S. Supreme Court ruled in 2002 that states cannot execute mentally handicapped people.” This seems like a good idea, but one that has many loop holes. They never set guidelines on determining whether someone is “mentally handicapped” which in return left the details in the hands of the states.  Texas uses a basic three part test, which includes a below average intellectual function, also a lack of adaptive behavior skills, and finally a check to see how long they have had this problems.  Hmm well that seems only like two categories to pass or fail in, and one piece of criteria that determines the legitimacy of the handicapped.  I’m not arguing for or against it, but I’m glad to see they check the background.  I’m sure even when facing the death penalty most people would try to back out in any way possible. With that stated, I’m sure many of inmates have pleaded crazy, incapable, handicapped or any other problem just to get off death row. That’s why they have to go thru a process to determine if their handicapped. But when the tests are flawed, and criticized by many “psychologists and defense lawyers complained to the board of psychologist examiners that Denkowski used unscientific methods that artificially inflated intelligence scores to make defendants eligible for the death penalty.” You have to question the legitimacy when many people speak up about a mal-practice.  I think its wrong that Denkowski veered from the standardized tests, and of course he would have an argument proposing why he didn’t use them. “Denkowski explained why he deviated from the standard use of a test that evaluates adaptive behavior, or life skills. The test is typically administered to family and friends who know the person to ask about how the person functions.” But instead he did the test himself, hmmm possibility for a bias ? I’d say so… and his argument was that the family members would plead crazy just so they wont lose the convicted. Ok so why shouldn’t you screen them through another Dr. ? These ideas shouldn’t seem so hard, and if he would’ve taken the time to check the validity of his tests he wouldn’t be in this situation.  It doesn’t seem fair to an individual, no matter what the condition is, to get mistreated and stripped of basic freedoms.  Dr Denkowski got away with a slap on the wrist fine, meanwhile two of his fourteen inmates have lost their life.  Hopefully the others, now on death row, will get a second shot at evaluation, and that would truly see if his findings were accurate.  Matters that deal with someone’s life should not be taken shortly, or in this case with one Psychologist, no one person should have the power to take someone’s life, its not something to be played with.

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