The police arrested Herbert relatively quickly after finding bomb making equipment in his car. Overlooked at the trial was Herbert’s trauma from the Vietnam War, his background, or his obsession over his girlfriend. As a result, on August 18th at 12:01 a.m., Herbert was killed by electrocution. In my opinion Herbert should have not gotten the death penalty under the circumstances that he was mentally insane at the time of the murder. Also, Bryan Stevenson proclaims that above all he had the absence of intent to kill. He didn’t intend on murdering those two young girls. He wanted to save and be the hero for his girlfriend, so that they could ride off into the sunset together. Herbert decided to get married a week before his execution to a woman he was talking to for years. Since he was a veteran he was entitled to a give a flag to his survivor. Herbert gave his new wife the flag. His new wife was thoughtful of Herbert and agrees to spend the last few hours with Herbert. Herbert ultimately got charged with murder and was sentenced to the death penalty. On his way to the “Yellow Mama”, Herbert requested that they play the song Old Rugged …show more content…
It was disbelieved due to until recently there was no way of knowing if you were telling the truth. You couldn’t prove you were struggling with PTSD because you couldn’t provide evidence that you had it. In the case of Herbert they ignored the fact the he had PTSD from the war and he had a rough childhood, enlisted in the Army at age eleven. Herbert’s mother died when he was only three years old. When Herbert was seven he was trying to recover from physical abuse. When Herbert was a young teenager he was struggling with drugs and alcohol. Mental illness should definitely be considered at trial because it is an unfair ruling if it is not considered at trial. In my opinion, Herbert should not have been put to death due to his war background and his abusive childhood. We should treat mental health patients with the same respect and dignity that we do with other patients on death row. However, I do believe that mental health patients should get a reduced sentence. Herbert should have gotten life in prison without parole because he did kill two people, even though it was accidental. The Supreme Court held in Ford v. Wainwright, in 1986, that executing the insane and the intellectually disabled couldn’t be executed. However, inmates who are mentally ill and not insane have no such exemption. Herbert was electrocuted in 1989; his murder took place three years after the new law abolished