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As of January 2013, there are a total of 3,125 inmates on death row in the United States.2 It is estimated that five to ten percent of all inmates on death row suffer from mental illness.3 In 1986, the U.S. Supreme Court ruled, in Ford v. Wainwright, that it is unconstitutional to execute the insane.4 What about the severely mentally ill individual whose symptoms do not, at the moment of the competency determination, indicate that the individual is “floridly psychotic”?
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