What is the difference between mental illness, mental disability, and “presently insane”? What are the key issues the courts have had to resolve with both mental deficiency and illness?

Question

What will be an ideal response?

Answer 1

Mental illness and mental disability are two different conditions. It is constitutionally impermissible to execute the mentally disabled, but permissible to execute the mentally ill. This is because mental retardation is permanent and unalterable but mental illness is not, and while mental disability cannot be faked (because there is a long history documenting each case from early childhood), mental illness can. By adhering to a correctly prescribed medical regimen, most mentally ill individuals can be restored to sanity and lead meaningful lives. The execution of the “presently insane” is not permitted under the U.S. Constitution. The phrase “presently insane” is not the same as saying “insane at the time of the crime.” In earlier times, if a person was insane “at the time of the crime,” that person would also be insane “presently” because there was no method of restoring a person to sanity. With a number of effective antipsychotic medications available today, new Eighth Amendment and due process issues have arisen. The primary legal issues the courts have to resolve with both mental deficiency and illness are (a) Is this person competent to stand trial? (b) Did this person at the time of the crime have the requisite ability to form mens rea (guilty mind)? (c) Does the person’s mental condition warrant a more lenient sentence than would normally attach to this crime?