Yes a mentally ill person can be executed in the US, although not if they are extremely mentally incompetant or (very) mentally retarded.
From USA Today in 2004: A 1986 Supreme Court decision permits the execution of the mentally ill, provided they are able to understand why they are being put to death. A 2002 Supreme Court decision forbade the execution of the mentally retarded.
http://www.usatoday.com/news/nation/2004-05-18-texas-execution_x.htm?csp=19_wxia
There are two issues: whether they are mentally competant enough to stand trial at all, and whether their mental state at the time of the crime is an excuse or mitigating factor. This can of analysis can be done for almost any crime, not just death penalty crimes.
It can get complicated. I suggest you do some research, because there isn't enough room here to deal with all the issues. But here is a little bit of help:
"U.S. Constitutional law is in line with some of these international safeguards, but does not go far enough. The execution of the insane – someone who does not understand the reason for, or the reality of, his or her punishment - violates the U.S. Constitution (Ford v. Wainwright, 1986). The Ford decision left the determination of sanity up to each state. Constitutional protections for those with other forms of mental illness are minimal, however, and numerous prisoners have been executed despite suffering from serious mental illness."
http://www.amnestyusa.org/abolish/factsheets/mental_illness.html
And "In June 2002 the Supreme Court determined in the case of Atkins v. Virginia that executing a mentally retarded individual amounted to “cruel and unusual punishment”. The court reasoned that a mentally handicapped defendant had diminished personal culpability in the crime. Medical and legal scholars argue that the same reasoning should apply to mentally ill defendants."
http://www.amnestyusa.org/abolish/mentalillness/index.html
2006-10-17 08:58:00
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answer #1
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answered by C_Bar 7
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The Answer is: NO!
A mentally disordered crimnal or killer cannot be announced death sentence. Court will order the police to keep that person in the custody of a mental hospital and as soon as the person is mentally recovered he will be hangged till death!
NOTE: If you have done any such crime then you can avoid any punishment by court by simply proving yourself insane! Do I need to explain you how to show that you are mad and not normal? Simply, call the judge your old friend! Call the police officer by some friendly name and ask him to sit with you and have some drinks! Do anything which will show you are mentally out!
Fantastic!
2006-10-17 08:53:13
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answer #2
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answered by Anonymous
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Usually these people are sent to a mental detention center but why shouldn't they get capital punishment? If someone claimed to be mentally ill and killed someone in your family wouldn't you think they deserved it? Is okay for them to kill people because they are insane? In my opinion unless someone kills someone in self defense then they have to be insane to take a human life. Ted Bundy was a serial killer and super intelligent they say but he would have to be insane to kill all the women he killed, right?
Get my point?
2006-10-17 09:06:14
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answer #3
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answered by Darcee 3
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You know I don't think that they should be because they don't know that they are doing something wrong if they are mentally ill.
2006-10-17 08:52:06
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answer #4
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answered by maci jo 2
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They are not supposed to, but have been doing it lately. Too bad they don't excute for evil, but would we have anyone left to run the country?
2006-10-17 09:16:54
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answer #5
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answered by Constitution 4
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no but sometimes proving you are mentally ill is harder than proving someone is innocent or guilty.
2006-10-17 08:52:43
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answer #6
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answered by Anonymous
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