Supreme Court Bars Execution of Mentally Retarded

[sageridder]

Supreme Court Bars Execution of Mentally Retarded
Thu Jun 20, 5:47 PM ET
By James Vicini

WASHINGTON (Reuters) - The U.S. Supreme Court ( news - web sites) ruled on Thursday that executing the mentally retarded violates the constitutional ban on cruel and unusual punishment in what death penalty opponents called a landmark ruling striking down laws in 20 states.

By a 6-3 vote, the nation's highest court said a national consensus had emerged to declare unconstitutional such executions as excessive punishment, based on evolving standards of decency.

The exact number of the more than 3,700 death-row inmates affected by the ruling was uncertain. The group Human Rights Watch said the ruling may spare hundreds from execution.

"We are not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty," Justice John Paul Stevens ( news - web sites) wrote for the majority.

The ruling came at a time of growing national debate about capital punishment, sparked in part by recent exonerations of death-row inmates because of DNA evidence and additional calls for state moratoriums on executions.

Since the Supreme Court reinstated the death penalty in 1976, 35 of the more than 775 executed murderers showed evidence of mental retardation, with an IQ of 70 or lower, death penalty opponents said. An average IQ is about 100.

Full story at
http://story.news.yahoo.com/news?tmp...dc_5&printer=1

[Mouse]

And just how long has it taken to come to this startling conclusion ??? It has long been a principle of most countries where the legal system has grown from Roman Law/Common Law roots that any crime must have two parts.

a) Actus Reus - the actions
b) Mens Rea - the intent

Part b) implies that someone has the capacity to understand the "criminality" of the action and either choses to commit the crime anyway or is so reckless that such an intent can be implied.

Those who have the mental capacity to understand the crime and are found guilty are subject to whatever penalty the law prescribes. Those who do not have the capacity cannot be convicted, but may be subject to restraint or treatment if they are a danger to themselves or society.

IMHO, this judgement can been seen as a logical extension of the "not guilty by reason of insanity" plea. What it does not imply is that a whole bunch of murderers of diminished mental capacity will be set free. What it does imply is that they should be treated in a more compassionate manner, for example in secure hospital facilities.

[ 06-21-2002, 05:30 AM: Message edited by: Mouse ]

[Grojlach]

It's a start...

Good job! [img]graemlins/thumbsup.gif[/img]

In other news today. Texas prison officials are deeply concerned by an epidemic of a mysterious disease that is attacking only Death Row inmates. The symptoms of this disease appears to be a sudden and preciptous drop in the mental acuity of the prisoners. Prison officials wish to reassure the rest of the prison population that the disease seems to be confined to the Death row population. No one has yet been able to explain this mysterious and malevolent disease or why it seems confined only to death row inmates. More news at 11!

[caleb]

Lorena bobitt had that same disease I believe

Originally posted by MagiK: In other news today. Texas prison officials are deeply concerned by an epidemic of a mysterious disease that is attacking only Death Row inmates. The symptoms of this disease appears to be a sudden and preciptous drop in the mental acuity of the prisoners. Prison officials wish to reassure the rest of the prison population that the disease seems to be confined to the Death row population. No one has yet been able to explain this mysterious and malevolent disease or why it seems confined only to death row inmates. More news at 11!

Now, MagiK, don't pick on Texas. That was the one state where the mentally challenged were treated with real equality: they may have faced the death penalty, but one also held the highest office in the state.

Originally posted by Absynthe: Now, MagiK, don't pick on Texas. That was the one state where the mentally challenged were treated with real equality: they may have faced the death penalty, but one also held the highest office in the state.

LOL hehehhe, My news cast may have been a joke [img]smile.gif[/img] but Ill bet you that in a week there will be a sudden surge in mentally retarded people on Death Row all over the country...it will be amazing I tell ya

[ 06-21-2002, 09:18 AM: Message edited by: MagiK ]

[Azred]

Oh, yes. Rest assured that all sorts of appeals claiming mental deficiency will be filed. Some of the cases will be successful, transmuting sentences from death to life (or whatever), while others will be unsuccessful.
I wonder if this is going to lead to more rulings about who is immune to death sentences, such as those who might be "emotionally deficient/retarded"?

[ 06-21-2002, 10:24 AM: Message edited by: Azred ]

[Sir Kenyth]

Originally posted by Mouse: And just how long has it taken to come to this startling conclusion ??? It has long been a principle of most countries where the legal system has grown from Roman Law/Common Law roots that any crime must have two parts. a) Actus Reus - the actions b) Mens Rea - the intent Part b) implies that someone has the capacity to understand the "criminality" of the action and either choses to commit the crime anyway or is so reckless that such an intent can be implied. Those who have the mental capacity to understand the crime and are found guilty are subject to whatever penalty the law prescribes. Those who do not have the capacity cannot be convicted, but may be subject to restraint or treatment if they are a danger to themselves or society. IMHO, this judgement can been seen as a logical extension of the "not guilty by reason of insanity" plea. What it does not imply is that a whole bunch of murderers of diminished mental capacity will be set free. What it does imply is that they should be treated in a more compassionate manner, for example in secure hospital facilities.

Unfortunately, it's not that simple. Things are NEVER that simple! Things like this need to be viewed on a case by case basis. The criminal in question right now is mentally handicapped, but is also a mean hearted murderous felon. He has a record of TWENTY felony charges. Him and an accomplice kidnapped a man, forced him at gunpoint to clear his account at various ATMs, took him to a deserted field and shot him eight times! No accident there kiddies! Just cold hearted armed robbery and murder!