NCJ Number
112674
Journal
Arkansas Law Review Volume: 41 Issue: 4 Dated: (1988) Pages: 725-764
Date Published
1988
Length
40 pages
Annotation
This article argues that the death penalty for mentally retarded persons constitutes cruel and unusual punishment, in that it serves no legitimate penological interest and violates evolving standards of decency.
Abstract
A discussion of what it means to be mentally retarded defines mental retardation, describes the characteristics of mentally retarded (MR) persons, and identifies the problems encountered by the MR defendant in the criminal justice system. An eighth amendment analysis of the imposition of the death penalty upon MR persons includes a review of eighth amendment principles, an overview of capital sentencing procedures in the United States, and a discussion of the implications of mental retardation for the assessment of moral blameworthiness. After drawing an analogy between age and mental retardation as factors in determining criminal responsibility, the article assesses the evolving standards of decency in relation to the imposition of the death penalty on MR offenders. Based on the foregoing analyses, the article concludes that the execution of MR offenders is forbidden by the eighth amendment under all circumstances. The article further reasons that mental retardation should be a mitigating factor which deserves special weight in the sentencing process. 148 footnotes.