91172.pdf

236 9 Corrections and Prison Practices—Adult Forensics

was delivered, numerous attempts were made to spare Mr. Kelly from the death penalty.

However, despite appeals, letters to the governor, and public outcry, the state of California

has denied clemency for Mr. Kelly.

Literature Review

The case of Horace Kelly is not an anomaly. It has been estimated that approxi-
mately 10% of the incarcerated population are mentally ill (Penner & Oss, 1996;
H. J. Steadman, McCarty, & Morrissey, 1989). Moreover, according to the Na-
tional Coalition for the Mentally 111 in the Criminal Justice System, an estimated
40,000 prisoners suffer from schizophrenia (Penner & Oss, 1996). As depicted in
the case illustration, schizophrenia is a psychotic disorder which is characterized
by a detachment from reality, odd or eccentric behavior, and delusional thinking
that is often accompanied by paranoia (American Psychiatric Association, 1994).
While schizophrenia is a chronic mental illness, it can often be less debilitating
and kept somewhat under control when properly treated. However, in Los Angeles
County jails, an investigation by the Department of Justice revealed that inmates
who suffer from mental disorders such as schizophrenia oftentimes have to wait dan-
gerously long periods of time before medication will be prescribed and frequently
the medication will be improperly administered (Sherer, 1998).
While it is common for inmates with mental illness not to receive proper treat-
ment in jail or prison, it is also far too common for mental illness to remain un-
detected in this population. H. J. Steadman et al, (1989) report that the method
by which jails evaluate for mental illness is insufficient. These researchers state that
typically a brief questionnaire administered at the time an inmate is booked is used
for the purposes of detecting mental illness. In addition to the fact that a simple
questionnaire is an inadequate means for assessing mental illness, many inmates
become mentally disordered as a result of the stressful environment of their incar-
cerated setting (H. J. Steadman et al., 1989). This suggests that ongoing evaluations
are necessary in order to adequately assess for mental illness throughout a detainee's
period of incarceration.
While incarceration of the mentally ill is controversial in and of itself, the issue
is further complicated when mentally ill individuals commit capital offenses and
face the death penalty. Every state that has a death penalty acknowledges that it is
inhumane to execute an individual who is mentally incompetent and has adopted a
law prohibiting such executions from occurring (K. S. Miller & Radelet, 1993). In
the landmark case of Ford v. Wainwright (1986), the United States Supreme Court
ruled that it was unconstitutional to execute a mentally ill death row inmate who did
not understand the nature and reason for his execution. Despite such prohibitions,
executions of the mentally ill continue to occur.
In addition to the unconstitutionality of executing mentally ill inmates, there
are a number of psychological issues that are raised as well. If a death row prisoner's