Mental Illness
Mental Illness
Mental Illness vs. Mental Disability
The biggest differentiating factor between mental illness and mental disability is that mental illness is an illness that can be cured. Disabilities are uncurable, life-long conditions. Those with a disability can not be treated with psycho therapy because there is nothing to be treated. In Moore v. Texas, we see the guidlelines for the execution of the mentally ill and mentally disabled be debated.
A clip from Moore v. Texas where mental illness and disability is disscussed
Anthony Montwheeler, a man who faked mental illness to escape sentencing, 2018
Faking It
The supreme court states that “the Eighth Amendment forbids the execution of a prisoner who does not have a rational understanding of the reason for their execution.” But, with those guidelines it is easy for people to feign incompetence, and escape execution. There is no way to regulate if people are lying or not, especially when it is common for prisoner's mental capabilities to worsen over time. Because of this uncertainty, it is possible for guilty people to escape sentencing by exploitation of mental disability and illness.
Current Ban
The case of Ford v. Wainwright (1986) did not manage to suspend the execution of the mentally ill, but it prevented the execution of those who did not understand the extent of why they are being killed. More recently, Atkins v. Virginia (2002), stated that the execution of the mentally disabled is cruel and unusual punishment under the 8th Amendment. Still, the guidelines of what is considered mental disability, mental illness, and insanity are very tentative.
Darryl Atkins
"The court assumed and think they know what mental illness is, but they really don't."
- Just Mercy, 2014