Mental Illness and the Death Penalty
Nationwide, mental health organizations and ordinary citizens have grown more concerned about the way the criminal justice system identifies and punishes persons with severe mental illness. Groups such as the National Alliance on Mental Illness, the American Psychiatric Association, the American Psychological Association, and the American Bar Association have all adopted proposals to prohibit the execution of persons who are significantly impaired by a severe mental illness.
Several polls conducted in North Carolina suggests that a majority of North Carolinians oppose subjecting persons who are less able to control their behavior because of serious mental illness to the same sanctions as those functioning without such impairments. While North Carolina passed protections barring executions of persons with mental retardation in 2001 due to their impairment, no similar protection exists for adults suffering from severe mental illness.
People with severe mental illness such as schizophrenia comprise a small portion of society and the prevalence of violence associated with them is minimal. However, when they become involved in the criminal justice system, persons with severe mental illness face significant challenges and obstacles they would not otherwise face, but for their illness.
Mental Illness makes it exceedingly difficult for these defendants to receive a fair trial. Their illness often makes them distrustful of attorneys and makes it difficult for them to participate in their defense in a meaningful manner. Individuals with severe mental illness are also more likely to give false confessions of guilt because of a desire to be accommodating or agreeable with authority figures.
If a defendant is taking psychotropic drugs during trial, he may give the jury the impression he is not remorseful or does not care, when in reality, the effects of his medication are to blame for his demeanor. If serious mental illness is left untreated, a defendant may be belligerent, confusing or frightening to a jury.
Notable Cases:
- In 1993 Tommy Munford hired Guy LeGrande to kill his estranged wife, Ellen Munford. While Mr. Munford received a life sentence for his involvement in the crime, Mr. LeGrande was sentenced to death. Despite evidence of severe mental illness, Mr. LeGrande was allowed to represent himself in court. At trial, Mr. LeGrande wore a Superman T-shirt and called jurors Antichrists, claiming that Oprah Winfrey and Dan Rather were communicating with him through the television. The jury was never presented with the extensive evidence of LeGrande’s mental illness and sentenced him to death. While LeGrande’s execution was temporarily stayed in 2006, he remains on death row.
- Phillip Ingle first attempted suicide at age 5. Mr. Ingle was diagnosed with schizophrenia and had delusions such as hearing flowers talking to him and communicating with flying saucers. His family had an extensive history of mental illness; both of his parents were diagnosed with schizophrenia and his mother repeatedly attempted suicide. While his recollection of the crimes was vague, Ingle believed that his victims were demons and reported voices saying “I got you.” Despite the extensive evidence of Ingle’s mental illness, he was sentenced to death. Ingle ultimately dismissed his attorneys and volunteered for his execution, requesting a “state assisted suicide.” The State obliged and Phillip Ingle was executed in September 1995.
ADDITIONAL INFORMATION
- Families of Murder Victims Call For End of Death Penalty: Nick and Amanda Wilcox, Kim Crespi, and Bill Babbitt at joint project between Murder Victims' Families for Human Rights (MVFHR) and National Alliance on Mental Illness to end the execution of prisoners with a mental illness. The launch of the project took place in San Antonio, Texas and brought together families of murder victims with families of mentally ill individuals who have been executed for violent crimes. Watch the Video
North Carolina mental health advocates have proposed a change to NC’s criminal procedure that would add a layer of protection for defendants with severe mental illness and cap their punishment at life without the possibility of parole. The bill, “Capital Procedure/Severe Mental Illness,” works almost identically to the statute passed in 2001 regarding mentally retarded defendants provides the same protections to the severely mentally ill.
Capital Procedure/Severe Mental Illness, H137 and S309 was proposed and supported by Mental Health Advocates in North Carolina. The North Carolina Coalition for a Moratorium was not involved in the creation of this bill, nor does NCCM participate in lobbying efforts.
Publications Created by National Alliance on Mental Illness on CP/SMI