Policy Paper: Mental Retardation and the Death Penalty
Of the 38 states that now allow the death penalty, some 15 exempt the mentally retarded from its reach û a policy that is also maintained by the federal government (Wilson, 2001). Public opinion, according to sociologist James Q. Wilson (2001), is generally opposed to the use of the death penalty in the case of a mentally retarded convicted offender; some two-thirds of respondents in a June, 2001, Fox Television News Poll indicated that they opposed execution for the mentally retarded even when these individuals have been convicted of premeditated murder. The debate over whether or not the death penalty should be imposed in the case of a mentally retarded individual centers, according to Michael B. Ross (1999), on the question of whether or not such an individual is legally competent to assist in his or her own defense at trial and, as significantly, if that individual is unable to assume responsibility for his or her actions because of diminished capacity.
The debate over executing individuals who are mentally retarded û as distinguished from executing individuals who are declared to be ôlegallyö or ôcriminally insane,ö which speaks to an significantly different issue û is emotionally charged (Fellner, 2001). Fellner (2001) reported that at least 35 mentally retarded defendants have been executed in the United States since capital punishment was reinstated in 1976. Further, experts estimate that between two and ten percent of all individuals on death row have this particular disability. The American Bar Association (ABA) has entered the debate and expressed its opposition to the execution of persons with mental retardation and juveniles (Streiker & Streiker, 1998).
The ABAÆs position has been generally supported by the Supreme CourtÆs jurisprudence. Exempting the mentally retarded and juveniles from capital punishment would meet the courtÆs doctrine ...