Mental Illness

U.S. Supreme Court Reverses Three Texas Death Sentences

Posted: April 25, 2007
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The United States Supreme Court overturned the death sentences of three Texas inmates in separate 5-4 rulings today. In all three cases, the juries had been prevented by the Texas statute (since changed) from fully considering the mitigating evidence presented by the defendants, evidence such as their low IQ or other mental deficiencies. In Smith v. Texas (No. 05-11304), the Texas Court of Criminal Appeals had reconsidered Smith's death sentence after the case had been previously reviewed and sent back by the U.S. Supreme Court. The Texas court held that any error on the mitigation issue was harmless and therefore did not require a reversal. The Supreme Court rejected that analysis and remanded the case for a new sentencing hearing.

Supreme Court to Hear Arguments on Whether Texas Man is Mentally Competent to be Executed

Posted: April 13, 2007
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On Wednesday, April 18, at 1 PM, the U.S. Supreme Court will hear oral arguments in Panetti v. Quarterman. This case focuses on the question of whether an inmate must have a rational understanding of his crime and why he is being punished prior to execution, or whether mere awareness of his situation is sufficient for mental competency. For a fuller description of the case, see Supreme Court (Pending 2007 cases). This page includes links to some of the legal briefs filed in this case. For a broader discussion of issues beyond the limited scope of this case, see Mental Illness. (Posted April 16, 2007).

"The Mentally Ill, Behind Bars"- an Op-ed by Bernard Harcourt

Posted: January 19, 2007
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In a recent New York Times op-ed, University of Chicago law and criminology professor Bernard Harcourt notes that a growing number of individuals "who used to be tracked for mental health treatment are now getting a one-way ticket to jail." Pointing to a Justice Department study released in September 2006, Harcourt notes that 56% of those jailed in state prisons and 64% of all inmates across the nation reported mental health problems within the past year.

Supreme Court Takes Fourth Texas Death Penalty Case

Posted: January 08, 2007
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The U.S. Supreme Court agreed on January 5 to hear another death penalty case from Texas, this one involving a defendant who may be mentally incompetent.  In 1986, the Supreme Court held that it is unconstitutional to execute an inmate who is presently insane.  The U.S. Court of Appeals for the 5th Circuit ruled that Scott Panetti, who was allowed to defend himself in his Texas trial despite his schizophrenia and 14 stints in mental hospitals, and who says the devil compelled his actions, was aware that he committed a crime and that he was to be punished.  The question for the Supreme Court is whether mere awareness of one's acts can be equated with mental competetence, or whether the person also needs to rationally understand what is taking place.  The National Alliance on Mental Illness had urged the Justices to take the case, Panetti v. Quarterman, No. 06-6407.

Inmates With Severe Mental Illness Underscore Broader Death Penalty Problems

Posted: December 27, 2006
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In his final article for 2006, columnist Richard Cohen chose to highlight the "madness of the death penalty" and to draw attention to the execution of those with mental illness. Cohen used the case of Gregory Thompson, a severely mentally ill Tennessee death row inmate, to illustrate some of the broader problems with the death penalty.

Thompson is delusional, paranoid, schizophrenic, and depressed. He takes 12 pills every day and receives twice-monthly anti-psychotic injections. Cohen notes that although there is no doubt about his guilt, there is grave doubt "about the constitutionality, not to mention the decency, of executing an insane man. . . . The idea, according to a recent account of his case in the Wall Street Journal, is to make him sane enough to be put to death." Cohen voices concern about a broad range of uncertainties with the death penalty, including the danger of convicting innocent people. He notes that Americans are growing more skeptical of capital punishment and that they may be "beginning to understand that we just don't need the death penalty, that it makes us no safer and demeans us as a people."

Death Penalty Will Not Be Sought for Killing at Jewish Federation

Posted: December 21, 2006
in

Following an announcement that prosecutors would not seek the death penalty for Naveed Haq, who is accused of killing one woman and wounding five others at the Jewish Federation of Greater Seattle, two of Haq's victims said they supported the decision to seek a life sentence. "The death penalty most likely promulgates further violence and revenge," said Cheryl Stumbo, who was wounded in the attack.  King County Prosecutor Norm Maleng classified it as "one of the most serious crimes that has ever occurred in this city." Layla Bush, who was also wounded by Haq during the July shooting, noted that she believes life in prison will be a tougher punishment than execution, adding, "I think this guy is someone who could feel remorse in prison. Two wrongs don't make a right."

Stays Granted in Two Pending Executions: Issues are Lethal Injection and Mental Illness

Posted: December 05, 2006
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Stays have been granted in two of the three executions that had still been scheduled for December.  On December 1 in Ohio, the U.S. Court of Appeals for the 6th Circuit granted a stay of execution to Jerome Henderson, whose execution had been scheduled for December 5.  Henderson was allowed to join a challenge to the state's lethal injection protocol.  The 6th Circuit denied the state's request to rehear the issue, and the U.S. Supreme Court declined to lift the stay.  (Associated Press, Dec. 5, 2006).

Concerns Grow About the Mentally Ill on Death Row

Posted: November 26, 2006
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There is growing concern among national mental health and legal organizations regarding inmates on death row who are severely mentally ill. Many of these inmates had been exhibiting clear signs of mental illness at the time of their crimes, and some, like Scott Panetti in Texas and Guy LeGrande in North Carolina, were allowed to represent themselves at trial, despite their bizarre behavior. Mr. Panetti, who was hospitalized 14 times for mental problems prior to his trial, represented himself in a cowboy suit and tried to subpoena Jesus Christ. The trial devolved at times into chaos and gibberish. Mr. LeGrande, who is scheduled to be executed on December 1, represented himself wearing a Superman T-shirt and called the jurors "Antichrists."

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