Keimel 1!

Shelby Keimel

ENC 2135-0038

Professor Isaacs

5 March 2017

Draft 2

Research Question: Due to the lack of healthcare and diagnosis of mental illnesses such as

Schizophrenia, Post Traumatic Stress Disorder, and Insanity, would individuals convicted of

murder claiming to be mentally ill be charged with the death penalty?

Introduction to Page: The Issue (Opening)

Capital punishment has become a large debate within society as the realization that

undiagnosed mentally ill individuals have been sentenced to ultimate penalty has come forth.

With recent losses of lives such as those involved in the Sandy Hook Elementary School

shooting and the Aurora, Connecticut movie theatre shooting, the fate of of the accused has come

under fire. With the absence of just healthcare and diagnosis of such, those suspected of having a

mental illness should not be subject to the same penalties as those without these ailments. Justice

is needed for those killed in such tragedies, but is there justice in killing a sick individual?

The Need to Understand the Illness FIRST: (Illnesses Tab)

Before one can understand the severity of capital punishment, mental illness and the

different forms it can appear need to be understood. Four major illnesses have been linked to the

death penalty in a multitude of different cases. According the National Coalition to Abolish the

Death Penalty, 2.2 million adults in the United States are affected by Schizophrenia.

Schizophrenia is a mental illness that inhibits ones ability to distinguish reality from fantasy.
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With symptoms such as hallucinations and delusions, it is difficult to level with a schizophrenic

during an episode. Therefore, in cases with a schizophrenic on trial, it becomes very difficult

for an attorney to talk with or discuss a crime or solution with the accused. In 1983, John Errol

Ferguson was sentenced to capital punishment, but many years before in 1965, he was admitted

into an institution as a schizophrenic. This deemed Ferguson very aggressive and it was highly

recommended he should not be released. Unfortunately, in 1976, Ferguson was released and

committed the ultimate crime, murdering 8 individuals. The attorney on the case argued to the

court that Ferguson was unfit for the death penalty due to his lack of mental stability, but to no

avail, Ferguson was deemed sane enough for the highest punishment. This case highlights the

flaws not only in the healthcare system, but also within the court as Fergusons mental stability

was tested near the ends of his life with a test that the Supreme Court has actually abandoned.

Mental illness connected with execution is not limited to solely one illness. Post

Traumatic Stress Disorder, which can linked with war veterans, is just as prevalent in the courts

as Schizophrenia. Also referred to as PTSD, this illness is considered and anxiety based

condition. Two of the most major symptoms of PTSD that mostly relate to an individual being in

court are re-experiencing traumatic events and a increased arousal. These two symptoms

combined can be deadly, and are the reason PTSD victims find themselves sitting in front of a

jury. As stated, many individuals thought to have PTSD are war veterans, which is the case of

Manny Babbit. In 1980, Babbit murdered a woman. Like the previous case discussed, Babbits

lawyer was unable to successfully argue mental illness to the court to further save Babbits life. It

was noted that although Babbit never denied the murder, he admitted not remembering

committing the crime. Sadly, this becomes the case for many mental illness victims as Mental
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Health America states that five to ten percent of inmates or those going to trial suffer from severe

mental illness. Stepping back, although ten percent may seem to be minuscule, it is ten percent

more than there should be and a goal of the United States should be to eliminate these numbers

by providing help to the mentally ill community.

Lastly, but largely, insanity is another major illness within our society and can even be

combined with the above discussed illnesses. In cases regarding insanity, lawyers must be able to

argue that their client lacks the sanity to defend his or herself. In the recent case of Larry Hatten,

who was executed in October 2015, instead of assisting his attorney to further postpone the case,

Hatten begged for his execution date to be moved forward.