Home : Death Penalty : Mental Illness

The ACLU Capital Punishment Project is committed to challenging the application of the death penalty to the seriously mentally ill.  Application of the death penalty to individuals suffering from serious mental illnesses does not comport with contemporary standards of decency and accordingly, violates the Eighth Amendment's prohibition on cruel and unusual punishment.

Recent articles from The New York Times and The Wall Street Journal illustrate the concerns and issues surrounding mental illness and the death penalty:
> The New York Times: A Growing Plea for Mercy for the Mentally Ill on Death Row (11/23/2006)
> The Wall Street Journal: Criminal Mind: On Death Row, Fate Of Mentally Ill is Thorny Problem (12/14/2006, subscription required)

ACLU Challenges the Conviction and Death Sentence of a Mentally-Ill Man
On July 17, 2007, the ACLU CPP and the Office of the Tennessee Post-Conviction Defender urged the Tennessee Court of Criminal Appeals to reverse the conviction and death sentence of Richard Taylor, a schizophrenic, psychotic and delusional death row inmate. Read more about the case >>

Indiana State Senate to Study Use of Death Penalty for Mentally Ill Defendants
In Panetti v. Quarterman, the Supreme Court found that a mentally ill person is entitled to Eighth Amendment protection if he does not have a rational understanding of the reason for his execution. The Indiana State Senate is taking that finding a step further to consider whether the death penalty should be considered for mentally ill defendants at all. Read More >>

ABA Opposes Death Penalty for Mentally Ill
The American Bar Association's House of Delegates passed a resolution calling for the exemption of those with serious mental illness from imposition and execution of the death penalty. Read more about the resolution and explanation >> (Off-site Link)

60 Day-Stay of Execution for Mentally Ill Death Row Inmate
The case of Guy LeGrande, originally scheduled for execution in North Carolina on December 1, 2006, illustrates the need for an exemption to the death penalty for the seriously mentally ill.

LeGrande, who was diagnosed as suffering from psychosis, was permitted by the trial court to fire his attorneys and represent himself at trial. Although the court appointed stand-by counsel, the attorneys were not permitted to present evidence of LeGrande's incompetency, including evidence of his delusional belief that he was receiving signals from Oprah Winfrey and Dan Rather over the TV.

LeGrande wore a Superman t-shirt at his capital trial and told the jury to pull the switch. On Monday, November 27, 2006, the North Carolina judge issued a 60 day-stay of execution and ordered a competency evaluation for LeGrande to determine whether he understands the reason for and reality of his punishment. North Carolina Governor Mike Easley is still considering the pending plea for clemency.
LEARN MORE
> Get Involved at justicepolicycenter.org: (Off-site Link)
> Read the ACLU's Clemency Letter (PDF)
> About LeGrande's Case in the News & Observer (Off-site Link)

6-Month Stay Granted to Percy Walton
Virginia Governor grants a stay to Percy Walton based on evidence of mental incompetency. Read Governor Kaine's statement >> (PDF, Off-site Link)

ACLU Urges Tennessee Appeals Court to Reverse Death Sentence of Mentally Ill Man (07/17/2007)
NASHVILLE - The American Civil Liberties Union and the Office of the Tennessee Post-Conviction Defender today urged the Tennessee Court of Criminal Appeals to reverse the conviction and death sentence of Richard Taylor, who is severely mentally ill.

ACLU of Virginia Asks Governor to Stop Execution of Mentally Ill Death Row Inmate (12/04/2006)
RICHMOND, VA - The American Civil Liberties Union of Virginia today asked Governor Tim Kaine to lift the death sentence for Percy Walton, a severely mentally ill man scheduled for lethal injection on December 8. Walton was originally sscheduled to be executed on June 8, but Governor Kaine delayed the execution for six months in order to conduct his own evaluation of Walton's mental condition.

Mental Illness and the Death Penalty in the United States (01/31/2005)

State of Tennessee v. Taylor - Opinion (03/07/2008)

State of Tennessee v. Taylor - Petition for Writ of Certiorari (02/15/2007)

State of Tennessee v. Taylor - Brief of Appellant Richard C. Taylor (08/25/2006)

State of Tennessee v. Taylor - Affidavit of Sergeant Dale Hunt (06/21/1996)

Mental Illness and the Death Penalty in North Carolina 2007 (07/05/2007)
A diagnostic approach to analyzing the effects of the death penalty in North Carolina.

Off-Site Resources for News and Information on Capital Punishment (01/25/2007)

State of Tennessee v. Taylor - Proof of Torture of Richard Taylor by Prison Guards – Obtained by the ACLU of Tennessee (07/25/2006)

State of Tennessee v. Taylor - ACLU of Tennessee Public Records Request for Documents Related to Treatment of Richard Taylor While in Custody of State of Tennessee Department of Corrections (06/26/2006)

State of Tennessee v. Taylor (07/17/2007)
ACLU Successfully Challenges Conviction and Death Sentence of a Severely Mentally-Ill Man