Phyllis Coleman

Toward a Uniform Standard for Mental Retardation in Death Penalty Cases

Based on the consensus that imposing the death penalty on offenders with mental retardation is wrong, and recognizing that their disabilities render them less morally culpable, the Supreme Court recently concluded that executing such people violates the Constitution (Atkins v. Virginia, 2002). Although correct, the decision did not go far enough. Acknowledging that the only ‘‘serious disagreement’’ is in determining which offenders are ‘‘in fact retarded,’’ the majority, surprisingly, failed to adopt specific criteria to finally resolve the issue.

Prescribing Privileges for Psychologists: Should only “Medicine Men” Control the Medicine Cabinet?

This article discusses the proposal by members of the American Psychological Association to grant psychologists the privilege of prescribing medication. Legislative history establishing regulation of the privilege of prescribing was initiated to promote the public welfare. Most medical and legal authorities agree that prescribers have to “do what doctors do” and know what doctors know to safely prescribe. Thus, based on training and intellectual orientation, psychologists and other non-physician professionals are simply not prepared to prescribe medicine. The article explores issues of legal liability and decreased protection to patients and to pharmaceutical manufacturers if the privilege is expanded and patients are injured by medication prescribed by psychologists.