Death Penalty and People with Mental Illness
Over the past thirty years, the number of people with mental illness and other mental disabilities on death row has steadily increased. Although precise statistics are not available, it is estimated that 5-10 percent of people on death row have a serious mental illness.
NMHA believes that mental illness can influence an individual’s mental state at the time he or she commits a crime, can affect how “voluntary” and reliable an individual’s statements might be, can compromise a person’s competence to stand trial and to waive his or her rights, and may have an effect upon a person’s knowledge of the criminal justice system.
The process of determining guilt and imposing sentence is necessarily more complex for individuals with mental illness. A high standard of care is essential with regard to legal representation as well as psychological / psychiatric evaluation for individuals with mental illness involved in death penalty cases. NMHA believes mental illness should always be taken into account during all phases of a potential death penalty case. Moreover, the assessment of competency to stand trial as well as competency to be executed should be conducted by a multi-disciplinary team of qualified professionals, including professionals with expertise in the defendant’s particular mental illness.
The National Mental Health Association offers a full position related to both adult and juvenile offenders and can be accessed at NMHA - Death Penalty.
NMHA believes that mental illness can influence an individual’s mental state at the time he or she commits a crime, can affect how “voluntary” and reliable an individual’s statements might be, can compromise a person’s competence to stand trial and to waive his or her rights, and may have an effect upon a person’s knowledge of the criminal justice system.
The process of determining guilt and imposing sentence is necessarily more complex for individuals with mental illness. A high standard of care is essential with regard to legal representation as well as psychological / psychiatric evaluation for individuals with mental illness involved in death penalty cases. NMHA believes mental illness should always be taken into account during all phases of a potential death penalty case. Moreover, the assessment of competency to stand trial as well as competency to be executed should be conducted by a multi-disciplinary team of qualified professionals, including professionals with expertise in the defendant’s particular mental illness.
The National Mental Health Association offers a full position related to both adult and juvenile offenders and can be accessed at NMHA - Death Penalty.
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