ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846
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In Search of Doctrinal Clarity

Mental Illness, Sentencing and the Death Penalty

A close look at the commutation of a death sentence to life imprisonment on the grounds of post-conviction mental illness yields a few legal observations on the reasoning for commutation. What makes post-conviction onset of mental illness a factor for commutation is not that the person is no more culpable, but that the mental illness in prison in addition to punishment is “punishment plus.”



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Updated On : 31st May, 2019

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