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December 3, 2018

Renewed talk in Ohio of exempting those with "serious mental illness" from the death penalty

As reported in this local article, headlined "Should those with serious mental illnesses be exempt from the death penalty in Ohio?," there is renewed discussion in the Buckeye State of a task force proposal to carve out an exception to the death penalty for those with "serious mental illness." Here are the details:

If Ohio is going to execute convicted murderers, it shouldn't execute individuals with serious mental illnesses, a bipartisan group of lawmakers says.

That is the aim of House Bill 81 [available here], which would prohibit capital punishment for anyone with a clinical diagnosis of schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder or delusional disorder.  The proposal has stalled for years in the Ohio House but could advance this week for the first time after gaining support from a handful of Republicans....

If a judge or jury finds the person was impaired at the time of the murder, the defendant could not be sentenced to death.  They could still face life in prison.  The idea came from a 2014 task force of judges, prosecutors, defense attorneys and academics who recommended several changes to Ohio's death penalty.  It builds on U.S. Supreme Court decisions.

The bill, sponsored by Republican Rep. Bill Seitz of Green Township and Democratic Rep. Nickie J. Antonio of Lakewood, has bipartisan support. Groups such as the National Alliance on Mental Illness of Ohio and Ohio Psychiatric Physicians Association agree that certain people shouldn't face the death penalty. “If we are going to have a death penalty, it should be reserved only for those who are the worst of the worst, not for those who are suffering from impaired judgment due to a severe mental illness," said Richard Cline, chief counsel with Ohio Public Defender's death penalty department, during a Nov. 27 hearing.

Convicted killers could be exempt from the death penalty even if they are found competent to stand trial and don't meet the standards for being found not guilty by reason of insanity.

Prosecutors and some GOP lawmakers aren't convinced that the changes are needed. Under the bill, those already on death row could ask a judge to take another look at their mental state at the time of the offense and possibly have their death sentence vacated.

Some worry that every inmate on death row would claim some mental illness to escape execution. “It would be a substantial miscarriage of justice for someone convicted and sentenced to death years ago to be able to now claim that they had a serious mental illness at the time and should, therefore, be excluded from the death penalty,” said Lou Tobin, executive director of the Ohio Prosecuting Attorneys Association.

Opposition from prosecutors has stalled the proposal once before. Still, the bill could get a vote in committee Tuesday. From there, the proposed law would need approval from the Ohio House and Ohio Senate before heading to Gov. John Kasich. The Legislature has only a handful of sessions remaining.

December 3, 2018 at 08:27 PM | Permalink

Comments

Not guilty by reason of insanity is enough. Most humans on Earth are a bit wacko. If you have a death penalty it is to discourage people from committing crimes. Those who are a bit wacko need to be discouraged.

Posted by: Liberty2nd | Dec 8, 2018 11:26:48 PM

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