Protect People with Serious Mental Illness from the Death Penalty

Members of the Arizona Legislature

In Arizona, over one million adults have a mental health condition but over 2.8 million live in a community that does not have enough mental health professionals. 10,979 Arizonans are homeless and 1 in 6 live with a serious mental illness.

Nearly one in five U.S. adults live with a mental illness. However, mental illnesses include many different conditions that vary in degree of severity, ranging from mild to moderate to severe. Serious Mental Illness (SMI) is a smaller and more severe subset of conditions that impact peoples daily life.

This small group of people who live with serious mental illness like, schizophrenia, Bipolar disorder, Schizoaffective Disorder, and Delusional Disorder. Mental illness can also develop from traumatic brain injuries that go untreated because of limited or no access to healthcare.

Mental Health America estimates that at least twenty percent of people on death row have a serious mental illness. Arizona has 110 people on death row with more than 20 who have exhausted their appeals and several of those individuals who have exhausted appeals suffer from severe mental illness.


Arizona's history of botched executions and killing people who are mentally ill is not representative of Arizonans values or humanity. Unfortunately Arizona has recent history doing both.

On May 11th, 2022, Clarence Dixon, a blind member of the Navajo nation with a history of serious mental illness, was executed in Arizona. He was sentenced to death in 2008 for a crime committed 30 years earlier. Clarence had a long documented history of severe depression and schizophrenia, and in 1977, he was charged with assault but deemed incompetent to stand trial. Despite a court order for treatment, he was released without supervision - 48 hours later he committed a homicide. DNA linked him to the 1977 murder, leading to a 2008 capital murder conviction, where he represented himself based on a delusional belief in a government conspiracy.

Throughout incarceration, Dixon filed lawsuits claiming a conspiracy. His jury was unaware of his legal insanity at the time of the crime and his lifelong mental health struggles. In April 2022, his lawyers argued he was incompetent for execution due to his inability to understand the rationale. A psychiatrist testified Dixon had schizophrenia and delusions, but the court found his mental state didn't lack a rational understanding for execution. Dixon's last words reflected his confusion and lack of culpability for the crime.

While the Supreme Court of the United States prohibited the execution of people with mental retardation in the case of Atkins v. Virginia, 536 U.S. 304 (2002), it has not yet ruled that it is unconstitutional to execute someone who suffered from a serious mental illness at the time of the crime.

Clarence Dixon is not an isolated incident but an example of why it is so important that we focus our efforts to protect with extreme mental illness.

Take action today and add your name to the petition below urging members of the Arizona legislature to pass a bill that protects our most vulnerable and mentally ill population from capital punishment sentences.

--------------- Update Below----------------------

Senate Bill 1475 was introduced by Senators Mendez, Diaz, Gabaldón, Hernandez, Sundareshan, Terán and Representative Salman in 2023. Unfortunately this bill has not been heard in committee or been voted on as of 11/20/23. The letter below to members of the Arizona legislature has been updated to encourage support for SB1475 and commitment to reintroduce the proposal in 2024.

To: Members of the Arizona Legislature
From: [Your Name]

Dear Members of the Arizona Legislature,

I am writing to you as a concerned citizen to strongly advocate for the protection of individuals with serious mental illness (SMI) from the death penalty. It is crucial that we address the unique vulnerabilities of this group within the criminal justice system and work towards a more just and compassionate legal framework.

People with SMI face significant challenges when navigating the criminal justice system. They are more prone to making false confessions and often struggle to comprehend and actively participate in legal proceedings. This difficulty extends to assisting their attorneys, defending themselves, and making rational decisions based on an understanding of the charges against them. Consequently, individuals with SMI are at a heightened risk of wrongful convictions and, ultimately, execution.

Our legal system already recognizes certain groups, such as juveniles and those with intellectual disabilities, as categorically exempt from the death penalty due to their inherent diminished culpability. Similarly, people with SMI share comparable circumstances that impede rational decision-making and a full understanding of the consequences of their actions. Therefore, extending this exemption to individuals with SMI is a necessary step in ensuring a fair and just legal system.

Currently, the issue of SMI is typically raised on appeal rather than in the initial phase of a capital trial, leading to additional delays and costs for the state. This approach not only hinders the timely provision of mental health services to prisoners but also places an unnecessary burden on the justice system. Recognizing and addressing the increased vulnerability of individuals with SMIs early in the legal process is essential for both justice and efficiency.

Moreover, seeking the death penalty through prolonged appeals squanders valuable resources that could be better utilized addressing mental health, trauma, and addiction issues outside the justice system. Arizona urgently requires increased mental health and trauma services accessible to all members of our communities. Redirecting the millions of taxpayer dollars saved annually by exempting individuals with SMI from the death penalty towards these essential services is a sensible and compassionate investment.

I encourage members of both parties in the Legislature to support SB1475 (introduced in 2023), taking a critical step toward protecting people with serious mental illness from the death penalty. Additionally, I kindly request your commitment to reintroduce similar proposals in 2024, ensuring that our legal system continues to evolve towards greater equity and compassion.

Thank you for your attention to this vital matter and for your commitment to justice and the well-being of our community.

Sincerely,