The proposed legislation to prohibit death sentences for persons whose actions are the result of a severe mental illness is very modest proposal.
First, the definition of "severe mental illness" used in the bill is narrower than the current definition used in the approved list of mitigating factors. In other words, it is tougher to prove "severe mental illness" as a complete defense to the death penalty than it was to prove severe mental illness as a mitigating factor.
Next, our definition of "severe mental illness" constitutes insanity in seventeen states. In those states, a finding of severe mental illness would shield the defendant from any criminal liability, not just a possible death sentence.
In at least six additional states--Arizona, Florida, Indiana, Mississippi, Ohio and Nevada--proportionality review has served to remove many mentally ill offenders (where the existence of serious mental illness is not disputed) from the ranks of the condemned despite the apparent availability of capital punishment in such cases.
The current trend is to extend this prohibition. Like Washington State, Indiana does not recognize "severe mental illness" as a complete defense to murder. However, like us, Indiana is currently considering similar legislation to ban death sentences for the severely mentally ill.
If you add the states that have abolished the death penalty completely, it is clear that an overwhelming number of states have repudiated death sentences for persons who are severely mentally ill.
I hope that the time has come to add our great state to this list.
