News and Developments 2005: Mental Illness

NEW RESOURCE: Law Review Explores Mental Illness and the Death Penalty

A new edition of the Catholic University Law Review includes papers from the university's recent symposium on mental illness and the death penalty. The presentations by experts delivered during the symposium address how policy makers and the courts might resolve the propriety of executing those with mental illness. Articles examine recommendations from the Task Force of the ABA's Section of Individual Rights and Reponsibilities  regarding mental disabilities and the death penalty.  Authors also explore whether the execution of those with mental illness violates the U.S.

Johnny Paul Penry's Death Sentence Overturned for Third Time

Ruling that jurors in the most recent retrial of Johnny Paul Penry may not have properly considered his claims of mental impairment, the Texas Court of Criminal Appeals sent Penry's case back for re-sentencing. The Texas court's decision marks the third time that Penry's death sentence has been overturned during the past 16 years. The U.S. Supreme Court overturned his capital conviction in 1989 in Penry v.

New Resource: Amnesty International Magazine Examines Execution of the Mentally Ill

An article in the Fall 2005 edition of the magazine Amnesty International examines whether mentally ill defendants should be exempted from the death penalty, especially in light of the Supreme Court's rulings exempting juvenile and mentally retarded offenders.  The article quotes Ohio Northern University law professor Victor Streib: "The general public too often assumes that only the seriousness of the crime is relevant to the punishment, but the (Supreme) Court has repeatedly held that both the serious(ness) of the crime and the character and background of the defendant must be considered in

Editorial Praises Clemency for Mentally Ill Indiana Man Facing Execution

A recent editorial in The Washington Post praised Indiana Governor Mitchell Daniels for commuting the death sentence of Arthur Baird, who suffers from severe mental illness.  The editorial noted:  

Seriously Mentally Ill Man Receives Commutation in Indiana

Arthur Baird, who was to be executed on August 31 for murdering his parents in Indiana, received a commutation to a life sentence from Governor Mitch Daniels.  (WishTV.com, Ch.8, Indianapolis, Aug. 29, 2005). Two members of the Indiana Supreme Court had written that Baird was "only marginally in touch with reality," in a decision in which the majority had allowed the execution to go forward.  A report to the court from Dr. Philip M.

NEW RESOURCE: Research Examines Those Who Volunteer for Execution

A new Michigan Law Review article by Professor John Blume of Cornell Law School examines the relationship between "volunteering" for execution and suicide.  Blume found that nearly 88% of all death row inmates who have "volunteered" for execution have struggled with mental illness and/or substance abuse. He writes that there is an especially strong link between "volunteerism" and mental illness. Of the "volunteer" executions he reviewed, 14 involved schizophrenia and several more reported delusions that may reflect schizophrenia.

BOOKS: Clemency

  • A new book by Professor Austin Sarat focuses on clemency's role in the U.S. criminal justice system: "Mercy on Trial: What It Means to Stop an Execution." According to U.S. Senator Edward Kennedy, "This thoughtful book should be read by every citizen who cares about the issue, and by every governor and president entrusted with the power to punish or pardon." In "Mercy on Trial," Sarat reviews the complexities of clemency and examines issues such as rehabilitation. (Princeton University Press, 2005).

Death Row Inmate's Mental Health Crumbles Even As Relief May Be Near

During 25 years on Texas' death row, Cesar Fierro's mental health has deteriorated to the extent that his attorney hardly recognizes him. Since being sentenced to death in 1980, his mother has died, his brother has died, his wife divorced him and his daughter stopped visiting him. Gradually, he refused to even speak with his lawyers.

Time on Death Row

JusticeBlue

Introduction

The length of time prisoners spend on death row in the United States before their executions has recently emerged as a topic of interest in the debate about the death penalty. The discussion has been spurred by the scheduled execution of Michael Ross, a Connecticut inmate who has been on death row for 17 years, and by the writings of two Supreme Court Justices who have urged the Court to consider this issue.

NEW RESOURCE: Law Review Examines Competency To Waive Appeals in Capital Cases

A recent article in the Wayne Law Review by Prof. Phillys L. Crocker of the Cleveland-Marshall College of Law examines the Supreme Court's struggle with the issue of death row inmates waiving their appeals.  Crocker  uses Rees v. Peyton, a capital case that remained on the Court's docket from 1965-1995, to explore the issue. In that case, Virginia death row inmate Melvin Rees sought to withdraw his petition for a writ of certiorari so that he could be executed.