News and Developments 2005: Mental Illness

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.

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

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.

• 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).

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.