¢ Acknowledge Society's Evolving Understanding of Severe Mental
Illness. Science tells us that a severe mental illness is as impactful on our
minds and bodies as any physical illness, such as heart disease and cancer,
and that individuals with a severe mental illness are seriously impaired by
these diseases of the brain.
* Save Tennessee Taxpayers Money. According to a recent Tennessee
cost analysis, this law could amount to millions of dollars in savings each
year, which could be used for higher-priority needs such as increased
resources for law enforcement, mental health treatment, and victims’
compensation.
¢ Support Surviving Families of Murder Victims. Capital cases
involving individuals with severe mental illness can be excessively drawn
out, prolonging the process for surviving families. A sentence of life without
parole begins as soon as the trial is over and ensures violent offenders
remain behind bars.
¢ Be Only a Small Extension of Something We Already Do. Our state
already excludes people with intellectual disabilities from the death penalty.
Excluding those with severe mental illness would treat these individuals
the same way, acknowledging the serious impairments that accompany
these conditions.
¢ Affect Only a Small Percentage of Cases. According to the National
Institute of Mental Health, only 4.5% of all U.S. adults have a severe
mental illness.
This legislation only affects defendants who can demonstrate that they were
experiencing psychosis at the time of the crime AND have a documented
medical history of a severe mental illness. If this legislation is enacted, eligibility
for this exclusion will be determined by the courts on a case-by-case basis.
If enacted, these defendants could still be found guilty at trial. If the
defendant is deemed eligible for this exclusion by a judge and then found
guilty of first-degree murder by a jury, he or she will be sentenced to life
(51 years before parole eligibility) or life without possibility of parole.
This legislation is not retroactive so no current death row inmate would be
eligible for this proposed exclusion.
of the
defendants
who have a mental disability
(including severe mental
illness) and who were wrongly
convicted confessed to the
crime. Only 8% of defendants
without mental disabilities
made false confessions.
- 2012 National Registry of Exonerations Report
Individuals with
SEVERE MENTAL ILLNESS
They are likely to have difficulty
understanding their rights and
the charges they face.
They are more vulnerable to
police pressure and often waive
their right to an attorney.
Those who have grandeur
delusions have been known to
fire their lawyers and represent
themselves at trial.
The TASMIE Coalition consists of mental health advocacy
groups, criminal justice reform organizations, and others
who are concerned about this issue, including: Tennessee
Mental Health Consumers’ Association, Mental Health
America of Middle Tennessee, NAMI Tennessee, Tennessee
Disability Coalition, and Tennessee Psychiatric Association.
Visit
/TASMIEOrg
to get involved.
@TASMIEOrg
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