World Psychiatric Association Releases Report Opposing the Death Penalty for People with Mental Illness or Development and Intellectual Disabilities

In July 2023, the World Psychiatric Association (WPA) released its report and position statement on mental health and the death penalty. The issues addressed in the report include: the imposition of the death penalty on prisoners with mental illness or developmental and intellectual disabilities, the overrepresentation of death-sentenced prisoners who have been socioeconomically marginalized, and the role of psychiatrists in death penalty cases.  

In alignment with the principles established in its Code of Ethics, the WPA said that “the death penalty should not be imposed on any person with mental illness or developmental and intellectual disabilities and no person with mental illness or developmental and intellectual disability should be executed.” Although international law does not explicitly prohibit the death penalty, there is a specific prohibition on the use of the death penalty against juveniles, pregnant women, and people with mental illness or developmental and intellectual disabilities. Since 1984, the United Nations has said that retentionist states should not impose or execute people with mental illness, intellectual disability, or “any form of mental disorder” due to the “limited moral culpability” and their “diminished ability to understand the nature and reason for their execution.” The WPA also addressed the psychological effects of incarceration and the conditions of death row.  

The WPA recognizes that the death penalty has been disproportionately applied to people who are socioeconomically marginalized. The WPA report includes several studies that analyzed the overrepresentation of death-sentenced prisoners who have been socioeconomically marginalized in India, Bangladesh, the United States, Pakistan, China, Malaysia, and Nigeria. In addition, the WPA report includes several studies finding that most death-sentenced prisoners have a history of various adverse childhood experiences.  

The WPA report emphasizes that a psychiatrist’s role in preventing the imposition of the death penalty on people with mental illnesses is important because they help the defense team inform the court how defendants are affected by mental illness and intellectual disabilities. The WPA also described the roles psychiatrists may play in the capital punishment system that conform to the WPA Code of Ethics.