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Introduction from the Nation Alliance on Mental Illness of North Carolina (NAMI NC):
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The National Alliance on Mental Illness North Carolina (NAMI North Carolina) is part of the nation’s largest grassroots association whose purpose is to provide support, education, and advocacy for our constituency: those individuals living with mental illness, and their family members.
NAMI North Carolina believes that we must make changes to “decriminalize” those individuals with mental illness. To this end, we have joined with other organizations to change the capital procedure statute for the death penalty for those with severe mental illnesses. We believe that individuals who have a serious mental illness at the time of the commission of the crime should not be executed, but should be held accountable in other appropriate ways.
Download NAMI CP/SMI Brochure
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Background
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As our collective understanding of mental illness has improved, Americans are re-evaluating the ways in which our criminal justice system identifies and punishes people with severe mental disability.
After studying the issue, groups such as the National Alliance on Mental Illness, the American Psychiatric Association, the American Psychological Association and the American Bar Association have all adopted proposals to prohibit the execution of people who are significantly impaired by a severe mental disability.
People with severe mental disability comprise a small portion of society, and the prevalence of violence associated with them is minimal.
However, when they become involved in the criminal justice system, people with severe mental disability can face significant challenges they would not otherwise face but for their disability.
Local groups in North Carolina have recommended changes in how people with severe mental disability proceed through the criminal justice system. The recommendation does not excuse them from punishment, but instead requires additional procedural safeguards to ensure the criminal process is just and fair.
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Proposed Legislation: Capital Procedure/Severe Mental Illness SB 309/HB137
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Currently, evidence of serious mental illness is presented at the end of a lengthy and expensive capital trial. Under the proposed legislation, such evidence may be presented to a judge before the jury trial begins.
If the Judge determines the defendant was severely mentally disabled at the time of the crime, the trial continues, but the defendant is ineligible for the death penalty.
Why Change is Needed
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North Carolina prohibits the execution of people with mental retardation, who often exhibit impaired judgment and reasoning as well as marked deficits in impulse control. In 2001 the North Carolina General Assembly, recognizing these deficits, enacted procedural changes to identify defendants with mental retardation more effectively and to punish them more appropriately.
The same protections should apply to people suffering from severe mental disability, as they have similar cognitive and functional limitations that impact their ability to assist their attorneys and participate meaningfully in their defense.
By determining whether a defendant suffers from a severe mental disability before the trial begins, the excessive cost of the trial and appeal process may be significantly reduced. In fact, in approximately 75% of the mental retardation cases since 2001, District Attorneys, defense attorneys and judges have agreed to resolve the case through a plea, which saved both money and resources in each case.