In North Carolina, Kristin Parks of Disability Rights N.C. and John Tote of the Mental Health Association‑N.C. point­ed to the case of Abdullah El-Amin Shareef as illus­trat­ing the need for a law exempt­ing the men­tall ill from the death penal­ty. A jury recent­ly sen­tenced Shareef to life in prison with­out parole in a case where pros­e­cu­tors had sought the death penal­ty. In April 2004, Shareef com­mit­ted a sense­less crime that killed one man and injured three oth­ers, pri­mar­i­ly because his para­noid schiz­o­phre­nia went untreat­ed. At the time, Shareef was declared incom­pe­tent to stand tri­al. A psy­chi­a­trist described Shareef’s behav­ior on the day of the inci­dent as the result of an extreme con­di­tion of psy­chosis.” Recently, a judge said he could now be tried after years of med­ica­tion and treat­ment. The authors of the op-ed in the Charlotte-Observer not­ed, A death penal­ty tri­al is a long and heart­break­ing expe­ri­ence for vic­tims’ fam­i­lies, and like­ly espe­cial­ly so when they want the offend­er exe­cut­ed but the ver­dict is life. In the Shareef tri­al, much pain and many resources could have been saved had a law that has been pro­posed in the General Assembly been in effect. ” 

The pro­posed law allows a judge to take the death penal­ty off the table if attor­neys present a com­pelling case of the defen­dan­t’s men­tal ill­ness at the time of the crime. With the death penal­ty out of the pic­ture, mur­der vic­tims’ fam­i­lies would be spared years of death penal­ty tri­als and appeals and the state would have been spared tens of thou­sands of dol­lars. A bill that would exempt offend­ers with seri­ous men­tal ill­ness­es is con­sis­tent with laws that have already been enact­ed to exempt the intel­lec­tu­al­ly dis­abled and juve­niles from the death penal­ty. It is also sup­port­ed by promi­nent nation­al groups such as the American Psychiatric and Psychological Association and the American Bar Association. The authors point to the fact that 75% of Americans oppose exe­cu­tion peo­ple with seri­ous mentally illness.

(K. Parks and J. Tote, A bet­ter law for North Carolina,” News-Observer, March 28, 2010, op-ed). See also Mental Illness and Intellectual Disability.

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