"Bill would ban execution of mentally ill killers," is the Raleigh News & Observer report by Dan Kane.
A coalition of advocates for the mentally ill and a state Superior Court judge spoke in favor today of legislation that would exclude the severely mentally ill from the death penalty.
Draft legislation introduced at a joint legislative committee today would allow a judge to determine that a defendant suffered from severe mental illness at the time of the killing. The defendant would still face a murder trial, but the worst punishment would be life without parole.
Advocates of the legislation say it would only apply to those with severe mental illnesses such as schizophrenia or bipolar disorder, or those with severe brain injuries. People whose criminal acts were the result of drug or alcohol abuse would not be eligible.
Superior Court Judge Carl Fox said the proposed law could save the state money by avoiding capital murder trials for the severely mentally ill. Capital trials are much more expensive because they require an additional defense attorney and defense experts, and typically take longer to try.
Today, North Carolina juries decide during the sentencing phase of a capital trial whether mental illness is a mitigating factor.
Connecticut is the only state to prohibit executing the mentally ill. Nearly 20 other states incorporate similar language in their statutes that set up the standards for being found not guilty by reason of insanity. Advocates say North Carolina's insanity standard is much stricter.
The joint committee will hear more information regarding the proposal at another meeting at 2 p.m. Thursday.
The mental illness category index is here. Some entries of special note include:
- The Mentally Ill and the Death Penalty
- Scholarship
- Human Rights - The Death Penalty Issue
- The Criminally Mentally Ill
- Mental Illness and the Death Penalty: A Diagnostic Approach
- On Death Row, Fate of Mentally Ill Is Thorny Problem
This issue also intersects with the case of Scott Panetti.
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