ABA asks Nevada Supreme Court to reverse mentally ill man's death sentence
The ABA is advocating for the reversal of a death sentence imposed on a person with severe mental illness, according to an amicus brief filed with the Nevada Supreme Court on Wednesday.
Robert Ybarra Jr., who was convicted of the rape and murder of a 16-year-old girl, has been on death row in Nevada since 1981. In his appeal to the state’s high court, his attorneys argue he has schizophrenia, neurocognitive disorder due to dementia, intellectual disability, catatonia and depressive disorder, which make him ineligible for the death penalty.
“United States Supreme Court precedent compels the conclusion that individuals suffering from severe mental illness at the time of their crimes should not face execution,” the ABA’s amicus brief says.
In 2002, the U.S. Supreme Court held in Atkins v. Virginia that executions of individuals with mental disabilities violate the Eighth Amendment’s ban on cruel and unusual punishment.
“No principled distinction exists for treating those with severe mental illness differently,” the ABA says.
The ABA adds that “three compelling policy considerations” support its argument:
• Retribution and deterrence do not apply to cases involving defendants whose “perception of reality, logical reasoning and ability to exercise rational judgment” are significantly impaired.
• Capital proceedings are less reliable and fair for severely mentally ill defendants, who are more likely to give false confessions and less able to assist with their defense.
• Professional standards, state legislation and public opinion increasingly recognize that executing individuals with severe mental illness is wrong.
“Although the ABA takes no position on the death penalty, it has long insisted that capital punishment be administered fairly, with robust substantive and procedural protections,” the association says in its amicus brief.
In 1986, the ABA founded the Death Penalty Representation Project to recruit pro bono counsel for unrepresented death row prisoners. Its work has since expanded, but its focus remains on improving the quality and availability of legal representation for individuals who are facing capital sentences.
The ABA has specifically encouraged states to establish clear standards that prevent the execution of individuals with severe mental illness, including through its Death Penalty Due Process Review Project. This initiative of the Civil Rights and Social Justice Section conducts research and educates the public and decision-makers about death penalty laws and processes.
An ABA news release with additional information is here.
The case is Robert Ybarra, Jr. v. Terry Royal, Warden, Ely State Prison. Daniel Woofter of Russell & Woofter in Washington, D.C., and local counsel Kyle E. N. George filed the brief pro bono on behalf of the ABA.
See also:
Matters of Life and Death: ABA advocacy helps ensure constitutional protections in capital cases
ABA project seeks more pro bono attorneys in wake of Supreme Court death penalty decision
Write a letter to the editor, share a story tip or update, or report an error.
