Capital Punishment (Death Penalty) and Mentally Retarded

In July 2002, the United States Supreme Court ruled it unconstitutional to execute mentally retarded prisoners. This ruling reflects a shift in the Court's previous position, when it ruled in 1989 that such executions did not entail "cruel or unusual punishment" nor did they violate the Constitution's Eighth Amendment.

Despite the ruling, however, the debate about the death penalty and mental retardation continues. Human rights activists have hailed the decision as a triumph for the rights of the disabled. Critics, however, contend that the task of assessing a retarded defendant's culpability belongs to a jury.

This paper examines both sides of the argument regarding the death penalty for mentally retarded prisoners, focusing particularly on death penalty cases in Texas. The first part of the paper looks at the legal standards for mental retardation. In the second part, the paper details the criticism against...
[ View Full Essay]