Proposal to Exempt Severely Mentally Ill from Execution

In Raleigh, lawmakers are considering a bill that would exempt the severely mentally ill from the death penalty.  Recent United States Supreme Court decisions have exempted juveniles and the mentally retarded from execution because of their reduced ability to control their actions, assist in their defense, and appreciate why they are being executed.  The proposed bill would extend the same protection to persons with debilitating mental illnesses because they have similar disabilities.

The bill allows for a pretrial determination of the defendant’s mental status.  If he or she was found to be severely mentally ill, the death penalty would be taken off the table and the defendant would proceed to trial.  Upon conviction, he or she would be sentenced to life in prison (not a psychiatric facility) without the possibility of parole.   Advocates say that by culling the severely mentally ill from the pool of capital-eligible defendants in advance of trial, the State would save both time and money.

The bill would only protect persons with debilitating mental illnesses like schizophrenia or bipolar disorder.  The defendant would be required to show that he or she was suffering from severe mental illness or brain damage at the time of the crime.  Persons with conditions like anxiety disorders or substance abuse problems would still be eligible for the death penalty.

A similar bill was proposed last year, and is available online here.