Death penalty and mental illness - closer look at compassion and justice

 Death penalty and mental illness - closer look at compassion and justice

By Tyra Stark

JRN100 

The tragic case of Herbert Richardson, a Vietnam veteran battling a psychiatric illness that he developed from his service, made the news questioning the intersection of mental health and the criminal justice system and its approach to punishment.

According to recent research and experts, the criminal justice system poses complicated moral and ethical questions regarding the intersection of mental health and legal punishment. Individuals suffering with a mental illness facing capital punishment often are disadvantaged when it comes to defending themselves against their sentence. 

Even with organisations that raise awareness and fight to raise legal standards, there are disparities within the legal justice system that have significant effects on people's lives, says the research by the Equal Justice Initiative dealing with the death penalty and mentally ill individuals.

“I am totally committed to ending mass incarceration and excessive punishment to protect basic human rights for the most vulnerable people in American society. There are just too many people who have been unfairly sentenced or abused in state jails and prisons,” said expert Ted Roach.

Roach is a learning and engagement specialist who helped conduct the study at the Equal Justice Initiative in Alabama, one of the six states still executing people with  the death penalty. Alabama sentences more people to death per capita than any other state.

The research study conducted by the organisation shows that at least 20% of people on death row have serious mental illness. The law furthermore forbids executing people who are mentally incompetent.

“The death penalty in America is a flawed, expensive policy, defined by bias and error. It targets the most vulnerable people in our society and corrupts the integrity of our criminal justice system,” said Roach

Roach says that at least 10% of the people that are currently sentenced to death nationwide are military veterans, many of whom suffer from documented mental illness.

The Study explores that people with mental illness are very vulnerable to police pressure, poor witnesses and not able to give proper assistance to their council, which is essential for a good defence. 

“People like Herbert Richardson, who have mental illnesses that cause delusions are more likely to insist on representing themselves at trial. Herbert Richardson was so prone to outbursts in front of his jurie while he was heavily medicated, which made it seem like he had no remorse,” said Roach.

Even Psychologist Anne Damberg is familiar with this case. Damberg is a psychologist that has been a part of the team in the prison Schleswig in Germany for 14 years. She has been working closely with mentally ill people for a long time, and is not giving up her fight for justice and equity.

“Rather than executing people who are themselves victims of trauma like Mr. Richardson, we should dedicate our resources to providing mental health care and support that would actually reduce violent crime in our communities,” said Damberg.

Damberg says that mentally ill people do not act with the same level of culpability that characterises the most serious adult criminal conduct, as people who are conscious of the horrible crime they are committing. 

Richardson, a Vietnam Veteran, was found guilty for capital murder and sentenced to death for the killing of an eleven year old girl. The Girl, Rena Mae, was Richardson's significant other's niece. After his partner ended the relationship he left a pipe bomb under her porch. The niece picked it up which led to her dying. 

The study says that Richardson claimed that this was an accident. He left the pipe bomb under the porch to scare his ex-partner, in order for him to show up and save her. His whole idea was to fix his relationship with his significant other, not to commit a tragic crime.

”Richardson served his country in the most horrific circumstances, his service and the mental health problems resulting from it were ignored at his capital trial,” said expert Roach.

Damberg agrees with that, She says that people who are guilty of crimes are more than the worst thing they have ever done. 

”They don’t deserve to be executed without considerations and Mr. Richardson's case demonstrates that,” Damberg said.

The research study shows that evidence of mental illness was not provided during Richardson sentencing, just like in many other cases. The jurors often misperceive mental illness as aggravating evidence rather than mitigating evidence.

Roach said that this increases the possibility of inappropriate application of the death penalty to people with mental illness.

”I believe that having a mental illness is a mitigating circumstance that should be taken into consideration during sentencing,” said prison psychologist Damberg.

Both expert Roach and psychologist Damberg agree that executing people with mental illness is cruel and misguided. The study proves that rather than executing people who are themselves victims, we should dedicate our resources to help and support them with mental health, which is the only way to actually reduce violent crimes.