The imagination of legal representation in capital cases is limited to lawyers. Mitigation, however, needs to be conducted by individuals trained in social work, sociology or psychology.
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The Supreme Court has done well to acknowledge that capital punishment needs closer scrutiny and referring the matter to a five-judge bench. The problem that the Supreme Court’s reference to a Constitution Bench seeks to remedy is the need to achieve consistency on the requirements of a fair, meaningful and effective sentencing hearing
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To resolve the mental health crisis in prison, a purely medical approach will take us only so far. We need to take a more all-encompassing approach, move beyond treatment of individuals and towards identifying the social and underlying determinants of mental health in prisons.
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