Indiana’s First Execution in 15 Years Raises Serious Constitutional Concerns

If Joseph Corcoran had been sen­tenced to death just a few miles to the east, across the bor­der in Ohio instead of in Fort Wayne, Indiana, it’s like­ly that a court would have barred his exe­cu­tion. Ohio law pre­vents a per­son with a seri­ous men­tal ill­ness (SMI) at the time of their crime, defined as schiz­o­phre­nia, schizoaf­fec­tive dis­or­der, bipo­lar dis­or­der, or delu­sion­al dis­or­der, from being put to death. Mr. Corcoran, who has a long his­to­ry of para­noid schiz­o­phre­nia diag­noses by at least five dif­fer­ent doc­tors, vol­un­teered for exe­cu­tion and believes that prison guards are tor­tur­ing him with an ultra­sound machine. But Indiana has no SMI law, and Mr. Corcoran is sched­uled for exe­cu­tion before sun­rise on Wednesday, December 18 — the state’s first exe­cu­tion in 15 years. Unlike all oth­er active death penal­ty states, jour­nal­ists will not be allowed to observe. Indiana’s effort to restart exe­cu­tions has pro­voked seri­ous con­cerns about Mr. Corcoran’s men­tal com­pe­ten­cy, his right to have a spir­i­tu­al advi­sor present in the death cham­ber, and the state’s lack of trans­paren­cy. Spiritual groups, vic­tims’ fam­i­ly mem­bers, and the orig­i­nal pros­e­cu­tor in the case all favor stop­ping Mr. Corcoran’s execution.

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