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Addressing Severe
Mental Illness and the
Death Penalty in Virginia
http://www.namivirginia.org
https://www.facebook.com/NAMIVirginia1
The American Bar Associations Death Penalty Due Process Review Project conducts
research and educates the public and decision-makers on the operation of capital
jurisdictions death penalty laws and processes in order to promote fairness and accuracy
in death penalty systems. The Project raises awareness of the flaws in the administration
of the death penalty and through our advocacy and educational efforts, seeks to engender
a climate where law and policy reform are possible. The Project encourages adoption
of the ABAs Protocols on the Fair Administration of the Death Penalty; assists state,
federal, and international stakeholders on policy issues; and develops new initiatives to
support reform of death penalty processes. One of those critical new areas is our Severe
Mental Illness Initiative, which was established in 2015 to serve as a national resource
for lawyers, organizations, and policy makers interested in learning more about the issues
surrounding serious mental illness and capital punishment and to support policy reform
efforts to exempt individuals with severe mental illness from the death penalty.
http://www.americanbar.org/dueprocess
https://twitter.com/ABAdueprocess
Panelists
In Virginia, individuals living with severe mental illness can still be sentenced
to death and executed, despite a growing consensus that these defendants are
not the worst of the worst murderers for whom the death penalty is intended.
U.S. law has already recognized that both juvenile defendants and individuals
with intellectual disabilities should not be subject to capital punishment in
light of their diminished culpability, capacity to appreciate the nature of their
conduct, or ability to control their behavior, but such an exemption from the
ultimate punishment has not yet been afforded to individuals living with severe
mental illnesses (SMI) that were present at the time of their crimes. Although
leading organizations, including NAMI and the ABA, as well as a majority of
the American public, now oppose the use of capital punishment for those
with mental illness, Virginia does not currently have an SMI exemption in its
criminal law. This panel will offer background on SMI generally, why current
laws do not provide sufficient protection, the rationales for an exemption from
the death penalty, and why mental health allies and experts are vital leaders in
the reform efforts.
Special Thanks
Alexandra Fannon of the Greater Richmond Bar Foundation
Neil Kessler, Stephen Northup, and Fran Smith of Troutman Sanders LLP
and
Stephany Melton Hardison, Alli Kielsgard, Aurlie Tabuteau Mangels,
Laura Schaefer, Megan Sharkey, and Michael Stone
Among other positions, Professor Bonnie has been associate director of the National Commission on Marihuana
and Drug Abuse (1971-73); secretary of the first National Advisory Council on Drug Abuse (1975- 80); chair
of Virginias State Human Rights Committee responsible for protecting rights of persons with mental disabilities
(1979-85), chief advisor for the ABA Criminal Justice Mental Health Standards Project (1981-88) and chair of
the Commission on Mental Health Law Reform established by the chief justice of Virginia (2006-11). Bonnie has
served as an advisor to the American Psychiatric Association Council on Psychiatry and Law since 1979, received
the APAs Isaac Ray Award in 1998 for contributions to the field of forensic psychiatry, and was awarded a special
presidential commendation in 2003 for his contributions to American psychiatry. In 1991, Professor Bonnie was
elected to the National Academy of Medicine. He has chaired numerous National Academy studies on subjects
ranging from elder mistreatment to underage drinking, including the landmark report, Ending the Tobacco Problem:
A Blueprint for the Nation (2007). Most recently, he chaired major studies on juvenile justice reform (20013) and
the health and well-being of young adults (2014). He received the Yarmolinsky Medal in 2002 for his contributions
to the National Academies and was elected to the America Law Institute in 2014.
Moderator
Misty C. Thomas, J.D., Director, American Bar Association Death Penalty Due
Process Review Project
Ms. Thomas directs the Death Penalty Due Process Review Project, which conducts research and educates the public
and decision-makers on the operation of capital jurisdictions laws and processes in order to promote fairness and
accuracy in the death penalty. Previously, she was a senior housing attorney at the Washington Legal Clinic for
the Homeless, where she represented homeless individuals and low-income tenants and advocated for poverty and
housing law reform. Before that, Ms. Thomas was Howrey LLPs Pro Bono Fellow, representing clients in a range of
civil and criminal matters, including state appeals, post-conviction matters and trials, and mentoring other lawyers at
the firm in their pro bono practices. Prior to law school, Ms. Thomas was the Executive Director of the Mid-Atlantic
Innocence Project. She is a graduate of both Claremont McKenna College and Georgetown University Law Center,
where she currently teaches as an adjunct professor of law.