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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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