Should an individual with a mental illness ever be put to death? It is a controversial topic right now, especially as more and more people are claiming some kind of mental dysfunction in defense of their criminal behavior.
It is a tough question. It is tough because, while no one should be put to death as a result of a symptom of any illness, when criminal behavior that translates into a particularly heinous act is a result of symptoms, it can be difficult to look at that act as being the direct result of symptoms of an illness.
Also, an insanity defense has been too easily played as a trump card (sometimes without basis) by attorneys attempting to get their clients off.
A person with a very real mental disorder that is severely impacting the functioning of his/her brain (the source of all behavior) may be punished more severely than others due to several mitigating factors.
First, the stigma associated with mental illness. There are many misconceptions and incorrect assumptions regarding mental illnesses, such as, the mentally ill are apt to be much more violent than others in society, the mentally ill are out of control, and, the mentally ill are without conscience. The mere potential of the existence of a mental illness may be enough to taint a jury member’s judgment, perceptions, and decisions about a person on trial. The result may be that the death penalty is invoked, where otherwise it might have been averted. If a jury member assumes a person on trial must be guilty because there is a mental illness (and therefore also assumes the person must be particularly heartless and cruel), the only response the jury member can give is a guilty verdict, and, very likely, a recommendation for the death penalty.
Second, the symptoms of mental illnesses can take many forms. Hearing voices, deep depression, mania, and anxiety are some of them. But there are also symptoms that may send a very negative message to the jury— symptoms that manifest themselves as stoicism, disinterest, impatience, or impassiveness. In the courtroom, the impression these symptoms give may be that the individual is unremorseful, thereby eliciting a more punitive response from the jury.
Third, there are too many incidents where individuals do not/cannot access care, with the result being that they may eventually succumb to the symptoms and, ultimately, may indeed commit some crime. Why individuals with mental illnesses do not access treatment can be due to a variety of factors, including services not being available where they live, symptoms not being severe enough to compel the individual to early treatment, the services available are minimal (i.e. one appointment every six, eight, or twelve weeks), the severe side effects of prescribed medications (which can be foul and discomforting), and the fact that some individuals with mental illnesses do not know they are sick (a condition known as anosognosia). All these factors are reasons why, although it may be necessary to keep an individual out of general society, a person with a mental illness should not be punished by death for things outside of his/her control.
So, back to the question at hand: Should people with mental illnesses be put to death? The answer can only be “no.” This does not necessarily mean that an individual with a mental illness should not pay for what he/she did, or that he/she be let back into general society. The questions are: To what extent was the person aware of his/her actions? Did he/she know his/her actions were wrong? And, to what extent were services available to him/her? Those questions should enter into what kind of punishment, if any, should be placed upon the individual, what kinds of treatments should be required and provided for the individual, and when, if ever, an individual should be reintegrated into our general society.
The bottom line is: we should not invoke the death penalty on someone who commits a crime due to the symptoms of any illness, including mental illness.
Transitions Mental Health Services is where action and compassion meet.
For information about Transitions Mental Health Services, call 309-793-4993, M-F, 8:00 a.m. to 4:00 p.m., or click on the title of this blog article to go to the Transitions Mental Health Services official website.
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