Mentally Retarded Criminals Must Face the Death Penalty

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This paper will discuss whether or not mentally retarded criminals should be held accountable for their actions with the punishment of execution when the crime is murder. I do not believe that mentally retarded criminals should have a blanket exemption from the death penalty because of their mental incapacity. Although all cases of murder involving a mentally retarded suspect are unique, the lives extinguished by these murderers are of no less value than those whose lives taken by mentally competent murderers. Presently, the Supreme Court of the United States upholds the execution of mentally retarded defendants and holds the belief that capital punishment does not violate the cruel and unusual punishment clause of the Federal Constitution's eighth amendment (Wilson 345-346). While several states have passed laws exempting all mentally retarded defendants from execution, the Supreme Court has not changed its view on the matter (Shapiro, "Innocent, and": 43). Could it be that many states are focusing on the individual, while the Supreme Court is focusing on the crime itself? If this is the case, I have to agree with the Supreme Court. Law and justice must focus on what the person has done, not on who the person is.

While doing research on this subject, I found a large amount of factual data and differing opinions on the subject of capital punishment for the mentally retarded. An issue with most of the research is whether or not mentally retarded suspects really committed the murders of which they are accused or whether they confessed to them in order to please the police who are questioning them. Two articles that address this issue are "Untrue Confessions" by Jill Smolowe, and "Movement to F...

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Sack, Kevin. "Strict Rules on Death Penalty Are Urged by Lawyers' Group." The New York Times V 144 (31 Dec 1994): A28.

Saul, Stephanie. "Law Vulnerable to Challenge." Newsday 8 Mar 1995: A3.

Shapiro, Joseph P. "Innocent and free at last: A Missouri case shows how the retarded can get railroaded in court." U.S. News & World Report V 119 (9 Oct 1995): 41-43.

---. "Innocent, but behind bars: Another man confessed to murder. Why is this retarded man in prison?" U.S. News & World Report V 177 (19 Sep 1994): 36-48.

Smolowe, Jill. "Untrue Confessions: Mentally impaired supsects sometimes make false admissions. Is Girvies Davies about to die for one?" Time V 145 (22 May 1995): 51-52.

Wilson, Virginia. "Penry V. Lynaugh: Mentally Retarded Defendants And The Death Penalty." Saint Louis University Law Journal V 34 (Winter 1990): 345-362.

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