In the past week news outlets have reported on two states, Tennessee
and Arkansas, that have seen legislative proposals to ban the use of
death penalty on persons with severe mental illnesses. In Tennessee a
new bill (SB1124) has been drafted and is due to be heard by the
Criminal Justice Subcommittee next week. However, in the case of
Arkansas, the draft bill (House Bill 1494) has already failed as it
was rejected by the House Judiciary Committee.
While the U.S. Supreme Court has ruled in Atkins v. Virginia that the
death penalty is prohibited for defendants who have intellectual
disabilities, it has yet to prohibit its use for the severely mentally
ill. Both bills in Tennessee and Arkansas have attempted to eliminate
the use of the death penalty for defendants who have severe mental
illnesses, such as schizophrenia and bipolar disorder.
According to studies reviewed by Mental Health America, it has been
estimated that between 20 and 50% of inmates sentenced to death have
suffered from a mental illness. As a result, it is clear that the
capital punishment of the mentally ill is a significant problem in our
criminal justice system. Furthermore, the rationales behind the
prohibition of using the death penalty against this population is also
significant.
The reasoning behind these bills is that persons who have severe
mental illnesses at the time of the commission of a capital crime such
as murder, do not have the same culpability as offenders whose
criminal behavior is not affected or influenced by a severe mental
illness. Another reason to outlaw the use of the death penalty for
this population, is that those who have severe mental illnesses will
not be deterred to the same effect as their non-disabled counterparts.
Like persons who have an intellectual disability, offenders who have
severe mental illnesses have “diminished ability to process
information, to learn from experience, to engage in logical reasoning,
or to control impulses.” Similarly, there are enhanced possibilities
for rehabilitation and reform for those with mental illnesses given
that their mental illness can be managed through medication and other
treatments.
As a result, it is clear that some legislative or judicial intervention is needed at a national level to eliminate the use of the death penalty for those who have severe mental illnesses.
