The National Association of Social Workers (NASW) and its Louisiana Chapter filed an amicus curiae brief in Kennedy v. Louisiana (https://www.socialworkers.org/assets/secured/
documents/ldf/briefDocuments/Kennedy%20v.%20Louisiana.pdf)  arguing that the death penalty for child rape harms the victims it is intended to help.  The Court adopted the reasoning in NASW’s brief as support for its conclusion that the death penalty is a disproportionate consequence for a crime that does not result in the death of the victim.  NASW was joined on the brief by several coalitions of sexual assault treatment providers from across the nation. 

The Supreme Court stated, “It is not at all evident that the child rape victim’s hurt is lessened when the law permits the death of the perpetrator.” (http://www.supremecourtus.gov/opinions/
07pdf/07-343.pdf) It indicated that the repeated testimony required of the child victim in a capital case “forces a moral choice on the child, who is not of mature age to make that choice.”  It also pointed out the concerns cited in NASW’s brief that the death penalty provides an incentive for the perpetrator to kill his victim who is often the only witness, is likely to increase the emotional trauma to the victim due to repeated court testimony about acts of brutality, and may increase the underreporting of child sexual abuse, as perpetrators are often family members.

These factors, taken together, along with the Court’s substantial discussion of the lack of clear consensus among the states on the death penalty for child rape and the evolving standards of decency, formed the basis for the Court’s definitive ruling.

“We are heartened that the Court found the real-life experiences of victims and their families, as well as research on the reporting of child sexual abuse, persuasive.  This ruling supports the investigation and prosecution of child sexual abuse while providing an opportunity for victims to heal,” said NASW Executive Director Elizabeth J. Clark, PhD, ACSW, MPH. 

NASW is the largest association of social workers in the world, with 145,000 members and 56 chapters throughout the United States and abroad.  Professional social workers provide treatment and advocacy for victims of sexual assault and other crimes.  NASW also advocates the adoption of policies that promote assistance for victims of crime and supports research on the effects of crime on victims.  NASW’s brief was prepared by the pro bono legal team of David M. Gossett and Kevin Ranlett from Mayer Brown LLP in Washington, DC and Joseph Thai of the University of Oklahoma College of Law.

About the National Association of Social Workers
NASW is the largest association of social workers in the world, with nearly 150,000 members in 56 chapters throughout the United States and abroad. It promotes, develops, and protects the practice of social work and social workers.  NASW also seeks to enhance the well-being of individuals, families, and communities through its advocacy.

ACA applauds Representatives Patrick Kennedy (D-RI) and Jim Ramstad (R-MN) for their long, hard, heroic work in gaining House passage of H.R. 1424. During floor debate, both Kennedy and Ramstad spoke about their own personal battles with mental and addictive disorders, their treatment, and how their treatment has enabled them to lead productive lives. ACA also thanks those counselors who took the time to contact their representative on this issue.

ACA and other mental health and addictive disorder advocates are now working to build upon the strong bipartisan support for H.R. 1424 and the unanimous passage last year of the Senate’s bill, to encourage the development and enactment of parity legislation that provides consumer protections that are as strong as possible. Details: Scott Barstow at sbarstow@counseling.org.

The U.S. Senate passed the Second Chance Act (H.R. 1593) this week by unanimous consent. The U.S. House of Representatives passed the legislation last fall. The legislation would provide transitional assistance to ex-offenders in an effort to reduce a return to alcohol abuse. Additionally, the legislation would extend and provide a full continuum of care for treatment of substance use disorders and improve mental health screening and treatment.

“It is a national tragedy that jails and prisons have become the primary mental health care facilities in the United States today,” said APA President Carolyn Robinowitz, M.D. “This bi-partisan action represents significant steps forward in improving access to mental health services and substance abuse treatment programs for those incarcerated within the prison system.”

According to a 2006 report by the U.S. Department of Justice, entitled “Mental Health Problems of Prison and Jail Inmates,” more than half of the population incarcerated in U.S. prisons and jails – including 56 percent of state prisoners, 45 percent of federal prisoners and 64 percent of local jail inmates – were found to have a mental illness. Many of these inmates suffer from treatable disorders such as major depression, bipolar disorder and substance use disorder.

“People with mental illness, left untreated, can develop symptoms and behaviors that lead to their arrest and incarceration,” Robinowitz said. “Treatment can help prevent incarceration. Improving funding and cooperative programs between mental health care professionals and correctional agencies is a step in the right direction.”
About the American Psychiatric Association:
The American Psychiatric Association is a national medical specialty society whose more than 38,000 physician members specialize in diagnosis, treatment, prevention and research of mental illnesses including substance use disorders. Visit the APA at www.psych.org and www.HealthyMinds.org.

Though the bills are similar, a handful of key differences are proving difficult to resolve. Arguably the most important difference is that the House bill requires plans to cover treatments for the full range of disorders in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), the same coverage enjoyed by members of Congress and other federal employees. The Senate bill would allow health plans to exclude coverage for certain disorders. Both the House and Senate bills allow health plans to continue using standard managed care practices in administering services.

Counselors are encouraged to contact both their Representative and their Senators to ask them to pass a strong mental health and addictive disorder parity bill before the year ends. Health plans should no longer be allowed to discriminate by diagnosis in covering mental health care. For more information, contact Scott Barstow with ACA at sbarstow@counseling.org or by phone at 800/347-6647, Ext. 234.