Brief of the Promise of Justice Initiative and National Association for Public Defense as Amici Curiae in Support of Petitioner
Promise of Justice Initiative
National Association for Public Defense
SimpleOriginal

Summary

Amici argue that evolving neuroscience shows childhood trauma and PTSD physically alter brain development and reduce moral culpability, making execution inconsistent with contemporary standards of decency.

2019 | Federal Juristiction

Brief of the Promise of Justice Initiative and National Association for Public Defense as Amici Curiae in Support of Petitioner

Keywords childhood abuse; neglect; Post-Traumatic Stress Disorder; PTSD; death sentence; mitigation; trauma; leniency

INTRODUCTION

In 2018, the Arizona Supreme Court acknowledged that: “The record shows that [McKinney] endured a horrific childhood.” State v. McKinney, 426 P.3d 1204, 1206 (Az. 2018). The Court noted the Ninth Circuit had “summarize[ed]” “McKinney's evidence regarding childhood abuse and neglect.” Id. citing McKinney v. Ryan, 813 F.3d 798, 804, 823-24 (9th Cir. 2015).

The Court of Appeals recognized McKinney suffered severe and enduring neglect, humiliation, shame and abuse. Id. McKinney’s mother abandoned him when he was 11, leaving him to protect his two younger sisters. McKinney v. Ryan, 813 F.3d at 806; see id. (““It was scary. It seems like we were all stressed out wondering…the next time we were getting beat; wondering when we were going to eat.””).

However, the Arizona Supreme Court discounted this mitigation as “insufficiently substantial to warrant leniency” and opined – based upon testimony from McKinney’s original trial concerning Post-Traumatic Stress Disorder – that PTSD bore little relation to his behavior during the crime. Id. at 1206. Mr. McKinney’s death sentence is predicated upon an understanding of PTSD and trauma that has since evolved.

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Introduction

In 2018, the Arizona Supreme Court recognized the difficult childhood experienced by an individual referred to as McKinney. The Court noted information from a lower court that detailed evidence of childhood abuse and neglect.

The Court of Appeals also acknowledged that McKinney endured significant and lasting neglect, humiliation, shame, and abuse. Records indicate that McKinney's mother left him at age 11, placing him in a position to care for his two younger sisters. Accounts describe a distressing environment marked by constant fear of violence and uncertainty about access to food.

Despite this, the Arizona Supreme Court determined that these difficult life experiences were not substantial enough to justify a more lenient sentence. The Court also concluded, based on original trial testimony about Post-Traumatic Stress Disorder (PTSD), that PTSD had little connection to McKinney's actions during the crime. The death sentence imposed on McKinney relies on an understanding of PTSD and trauma that has since advanced.

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Summary

In 2018, the Arizona Supreme Court recognized the difficult childhood experienced by an individual named McKinney. Court documents from 2018 and 2015 describe a history of abuse and neglect during McKinney's childhood.

McKinney's mother left when McKinney was 11, leaving McKinney to care for two younger sisters. Records show that this was a frightening and stressful time for the children, who worried about abuse and having enough food.

Despite acknowledging these hardships, the Arizona Supreme Court decided this background was not enough to reduce McKinney's sentence. The Court also determined that Post-Traumatic Stress Disorder (PTSD) had little connection to McKinney's actions during the crime, based on earlier trial testimony. It is important to note that the understanding of PTSD and trauma has changed since the time of the original trial and sentencing.

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Introduction

In 2018, the Arizona Supreme Court recognized that Mr. McKinney experienced a terrible childhood. The Court noted that earlier, the Ninth Circuit Court had outlined evidence of Mr. McKinney's childhood abuse and neglect.

The Court of Appeals understood that Mr. McKinney suffered greatly from ongoing neglect, humiliation, shame, and abuse. His mother left him at age 11, making him responsible for his two younger sisters. He described this time as "scary" and filled with stress, worrying about when they would be beaten or when they would eat again.

However, the Arizona Supreme Court decided that this difficult background was not significant enough to reduce his sentence. The Court also stated that Post-Traumatic Stress Disorder (PTSD) had little to do with his actions during the crime. This decision was based on how PTSD and trauma were understood at the time of Mr. McKinney's original trial. Knowledge about PTSD and trauma has since changed significantly.

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Summary

In 2018, the Arizona Supreme Court stated that Mr. McKinney had a terrible childhood. The Court mentioned that other courts had also talked about the abuse and neglect he faced as a child.

The Court of Appeals agreed that Mr. McKinney suffered a lot from neglect, shame, and abuse. His mother left him and his two younger sisters when he was only 11 years old. He said it was scary, and they were always worried about being beaten or when they would eat again.

However, the Arizona Supreme Court felt these bad childhood experiences were not enough to excuse his actions. They also said that his Post-Traumatic Stress Disorder, or PTSD, did not seem to explain his behavior during the crime. The decision to sentence Mr. McKinney to death was based on ideas about PTSD and trauma that have since changed.

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Footnotes and Citation

Cite

Brief of the Promise of Justice Initiative and National Association for Public Defense as Amici Curiae in Support of Petitioner, McKinney v. Arizona, No. 18-1109 (U.S. Mar. 2019)

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