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(April 17, 2017) In Arkansas, two inmates diagnosed with serious mental illness sit on death row. Their pending executions, along with five others, are the focus of national attention. While a federal judge has issued a stay for all of the men, the question remains: Should we execute someone not competent to understand what's going on?

One person slated to die, Bruce Ward, has been diagnosed with paranoid schizophrenia. According to a report by Harvard University’s Fair Punishment Project, “he appears not to understand that he is about to die, believing instead that he is preparing for a ‘special mission as an evangelist.’” The second man, Jason McGehee, suffers from bipolar disorder and possible brain damage.

Thirty-two states have a death penalty law on the books. In 2017, legislators in eight states have introduced bills to exclude individuals who were seriously mentally ill at the time of their crime from the death penalty if their mental illness significantly impaired their judgment. If passed, defendants with serious mental illness in Arkansas, Indiana, Ohio, North Carolina, South Dakota, Tennessee, Texas and Virginia could still be tried and, if convicted, be sentenced to long terms of imprisonment, including life in prison.

Mental health advocacy organizations, including the Treatment Advocacy Center, have formed coalitions in several states in support of the bills. In a letter to Ohio lawmakers, members of the Ohio Alliance on the Mental Illness Exemption said, “We believe that those who commit violent crimes while in the grip of a psychotic delusion, hallucination or other disabling psychological condition lack judgment, understanding or self-control.… The death penalty is not the answer to the problem of violence committed by persons with severe mental disorders. The better policy is access to appropriate mental health care — ideally before tragedy occurs.” 

We couldn’t agree more. The Treatment Advocacy Center will continue to work strenuously to eliminate capital-punishment eligibility for people with serious mental illness at the time of their crime or at the conviction.