A new report issued by Amnesty International examines the issue of mental illness and the death penalty. The report notes that the U.S. Supreme Court’s decisions to halt the executions of juvenile offenders and those with mental retardation left a question mark over another category of offender, the mentally ill.

In the report, Amnesty asks: “If the diminished culpability associated with youth and mental retardation render the death penalty an excessive punishment when used against offenders from those categories, what about people suffering from serious mental disorder other than retardation, such as serious brain damage, at the time of the crime? Should they not also be ineligible for execution?”

The American Psychiatric Association’s response to the ban placed on executing those with mental retardation addressed this issue, noting, “A systematic risk of disproportionate punishment also arises in cases involving defendants with severe mental illness. Even though defendants with mental illness are entitled to introduce mental health evidence in mitigation of sentence, commentators on capital sentencing have often observed that juries tend to devalue undisputed and strong evidence of diminished responsibility in the face of strong evidence of aggravation. Indeed, such evidence is often a double-edged sword, tending to show both impaired capacity as well as future dangerousness.”

Amnesty’s report raises specific concerns about the possibility of wrongful conviction for those with mental illness because these individuals are often unable to assist their attorneys or fully comprehend the proceedings. In addition, those with mental illness may be particularly vulnerable to pressure from police or prosecutors, may appear to be lacking in emotion or remorse during trial due to medication, and may try to cover-up their illness or a family history of similar problems because of the stigma attached to mental illness.

Because of these problems, the report primarily recommends that people with serious mental illness be excluded from receiving the death penalty. In addition, Amnesty International recommends:

  • Governments should ensure adequate funding for capital cases so that defendants with mental illness are represented by attorneys who are capable of assisting such clients.
  • Prosecutors should attend training programs to assist them in recognizing the signs and symptoms of serious mental illness and other impairments.
  • Defense attorneys should receive special training to learn how to more effectively work with and defend those with mental illness.
  • Prison officials should ensure that all people with mental illness on death row receive appropriate treatment, and that anyone suffering severe psychosis is removed from death row.

Read Amnesty International’s report “The Execution of Mentally Ill Offenders.”

See DPIC’s Mental Illness Web page.

Citation Guide