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To: Original Mad Dog who wrote (15073)6/20/2002 1:33:16 PM
From: E  Read Replies (1) | Respond to of 21057
 
What you said.

I made a similar point, less elegantly, here:

Message 17629188

Do you know who the dissenting three were? One would guess Scalia, his lapdog Thomas, and Rehnquist, but the justices sometimes fool you.



To: Original Mad Dog who wrote (15073)6/20/2002 2:49:29 PM
From: Lazarus_Long  Read Replies (1) | Respond to of 21057
 
although they can be caged to protect society, this is considered distinct from punishing them
SAY WHAT?????
Then all those guys doing 5, 10 15, 25, 50 years in all those Big Houses in CA aren't being punished?
If the law believes that, Sir, the law is an ass!

But try this, too:
Message 17630255

Similarly, if one is "mentally retarded" by some definition, they cannot fully appreciate or understand what they are doing or whether it is wrong.
Does this matter?

Many mentally retarded defendants know right from wrong, but they are more likely to act on impulse or to be swayed by others in a group
I'll remember this the next time I mix coke and booze and kill someone. Sure sounds like it fits.

Mentally retarded defendants in the aggregate face a special risk of wrongful execution."
So do blacks and hispanics. Shall we now apply a racial test?

What the apologists fro this decision don't want to admit is that it is simply an invitation to murderers to fake mental illness.

Of course, they'll never get away with it. We all know how reliable psychiatrists are.