ILNews

Commission studies mental illness, death penalty

Michael W. Hoskins
January 1, 2007
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Indiana could be the first state to bar the mentally ill from being executed, two recognized legal experts told a legislative commission Friday.

Of course, doing so would mean first agreeing on a definition for what "mentally ill" entails.

That was the topic discussed during the first legislative meeting of the Bowser Commission, the legislative interim study committee designed to study mental illness as it relates to the death penalty. The group was formed in recognition of the late Sen. Anita Bowser, D-Michigan City, who died in March and was a champion of death penalty laws.

Joseph Hoffman, acting executive associate dean at Indiana University School of Law in Bloomington, suggested that commission members examine capitol sentencing when mental illness arises at the time of legal proceedings, and how mental illness could be removed as a mitigator to instead serve as a barrier to the death penalty - similar to how mental retardation and juvenile status is treated.

He noted that guidance from the Supreme Court of the United States has been unclear on the issue of mental illness falling short of the legal definition.

To date, no state court or legislator has stopped executions of those dubbed mentally ill, Hoffmann said. Reasons are that this group of people is more difficult to define and there's not an agreed-upon definition, that a "slippery slope" exists in that courts could broadly interpret language, and that society overall is split on the topic of mental illness.

"We're all struggling with this issue, and there's a good reason why courts and legislators haven't addressed this," Hoffmann said.

Indiana Public Defender Council assistant director Paula Sites encouraged the study commission to consider a model bill that would define mental illness and bar the death penalty for those meeting that language. The proposal echoes one introduced earlier this year by Sen. Bowser before her death, but that bill did not make it out of its legislative committee.

As defined by the previous legislative language, a "mentally ill individual" means someone who, at the time of the offense, had a severe mental disorder or disability that significantly impaired the capacity to "appreciate the nature, consequences, or wrongfulness of the person's conduct; exercise rational judgment in relation to the conduct; or conform the individual's conduct to the requirements of the law."

A court would have to order an evaluation of the defendant, and if that person was determined to be mentally ill, then a murder conviction could result in a prison term between 45 and 65 years - as is currently allowed by Indiana law.

Sites countered arguments about a "flood of litigation," citing the 1994 legislative changes championed by Sen. Bowser that barred the mentally retarded from being executed. That change happened eight years before guidance came from the SCOTUS, she noted, and since then only eight cases have raised that mental retardation defense.

"Indiana could be the first to do this," she said of a death penalty prohibition for the mentally ill. "Maybe they are less blameworthy, but by no means are they getting off scot-free. This death penalty should be reserved for the worst of the worst offenders."

Sen. Brent Waltz, R-Greenwood, said the language of "mental illness" gives him pause and he finds that mapping out a standard could be troubling. He asked what the differences would be for someone who stops taking anti-psychotic medication compared to someone who takes illegal substances such as methamphetamine.

That would be something the legislature could research in future meetings and eventually rely on criminal law foundations, she said.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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