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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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