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 have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.