Yet juries and judges have given the death penalty to many people who have no idea what is going on around them. John Paul Penry had been convicted of murder and had his appeal brought to the Supreme Court. In a 5-4 decision the Supreme Court ruled that the jury had not been allowed to fully consider his mental impairments and concluded that there was insignificant evidence that the national "standard of decency" had evolved far enough to reject such executions (Catania 1). Penry was abused as a child, had organic brain damage, and believed in Santa Clause as an adult. When he was twenty-two he was charged with raping and murdering Pamela Carpenter in Texas and at that time he had the mental capacity of a seven year old and he still did after many years in jail and at the time of the appeal (Fellner 2).
Many prosecutors believe that the mental capabilities of the retarded vary and that they have the intelligence to plan and carry out a murder (Polston 1). Some may be more slowwitted than others, but all are lacking in understanding. They can frequently know the difference between right and wrong, but often cannot understand and process the information, communicate, and learn from their experiences. The supporters of the death penalty for the mentally retarded claim it takes a high degree of mental retardation before that person reaches the point where they are not aware of the consequences of their actions (Polston 1). A person with an IQ of 60 may have no idea of consequences, and that an IQ of 60 is not a high degree of mentally retardation. Such a person is not extremely retarded, but they can be unaware of the consequences for their actions.
Defenders of the death penalty think that being stupid should not excuse one from a penalty for what they did (Wilson 1). The reason is that many dimwitted persons may not be able to participate in their own defense. They may be suggestible, ready to agree to a police officer's misleading claim they broke the law, or be unable to tell their attorney what they need to know in order to represent themselves effectively.
It stands for the total abolition of the death penalty but allows states parties to retain the death penalty in time of war. ... Some people think the death penalty is fair. ... The death penalty is a global issue. ... No matter how brutal the case may be, if there are no aggravating factors it cannot be a death penalty case. ... Tennessee forbids the execution of the mentally retarded. ...
This paper shall examine and qualify the issues surrounding the imposition of the death penalty onto the mentally retarded and the mentally ill. ... Conversely, the opposition to this position consists of those who suggest that the death penalty cannot be applied to the mentally ill and the mentally retarded, as the death penalty is primarily supposed to be a deterrent from immoral behaviors and this can therefore not be applied to those who are mentally incapacitated This paper shall examine both positions to this argument, with an additional focus on specific cases where the individual wh...
(Shultz, 2002, p.7) Currently there are thirty-eight states that allow the death penalty. ... Some people believe that no matter what someone who is mentally retarded should not be put to death. ... Daryl Atkins's attorney James Ellis stated that, "The death penalty is different. It is reserved for those whose understanding is sufficiently clear that the penalty of death could be appropriate." ... The third argument for those who support the death penalty is that most people mentally retarded or not know that murder is wrong. ...
(Shultz, 2002, p.7) Currently there are thirty-eight states that allow the death penalty. ... Some people believe that no matter what someone who is mentally retarded should not be put to death. ... Daryl Atkins's attorney James Ellis stated that, "The death penalty is different. It is reserved for those whose understanding is sufficiently clear that the penalty of death could be appropriate." ... The third argument for those who support the death penalty is that most people mentally retarded or not know that murder is wrong. ...
Now does the death penalty truly deter crimes and murder? ... Some people oppose the death penalty because of the many people on death row today. ... Rather, in rural states there is no need for the death penalty because everyone is scattered around and the population is not as big. ... I think it is wrong to be racist, but if they get caught, no matter their race they should be sentenced to death. ... The people that say no to the death penalty would most probably not have the same response if one of their own family members were brutally murdered. ...
History of the Death Penalty Use of the death penalty has declined throughout the industrial Western World since the 19th century. ... That case declared the death penalty cruel and unusual punishment. ... Finally, the mentally retarded are very seldom executed. ... In Texas, death penalty cases cost an average of $2.3 million. ... If we did there would be no crime. ...
Since the society has the highest interest in preventing murder, it should use the strongest and most severe punishment available to deter murder, and that is no other than the death penalty, which has existed for thousands of years. ... When comparisons are made between states with the death penalty and states without, the majority of death penalty states show murder rates consistently higher than non-death penalty states ( from 48% to 101%). The average murder rate among 100,000 population in 1999 of death penalty states was 5.5 while the rate of non-death penalty states was only 3.6. ... Th...
Virginia, declaring in a six to three decision, that it is unconstitutional for any state to utilize the death penalty on mentally retarded offenders, sparing Daryl Renard Atkins life. ... Neither of these two outcomes abolishes the death penalty, instead the new rulings set guidelines to the controversial issue of the death penalty. ... Atkins by declaring it is against the United States Constitution's 8th Amendment's "cruel and unusual punishment" clause to sentence a mentally retarded person to death. ... Although this attitude in text appears legitimate, the ways in which capit...
The Death Penalty In the highly debated issue of whether the death penalty is just, I choose to voice my opinion. The death penalty to me is almost an easy way out. ... Jeannie, I my eyes, did not deserve the death penalty. ... Not all victims of the death penalty have to be retarded. Some are given the death penalty because pf their race. ...