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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: Frederick Smart who wrote (265587)6/20/2002 1:37:49 PM
From: Skywatcher  Read Replies (1) | Respond to of 769667
 
How progressive.....Guess W didn't get a Texas say in this one...could a hurt his overall numbers as governor

.Supreme Court Bars Execution of the Mentally Retarded

By: Scott Ritter, Of Dow Jones Newswires

WASHINGTON -- Executing mentally retarded people for capital crimes is cruel and unusual punishment prohibited by the
Constitution, the Supreme Court declared Thursday.

Ruling 6-3 in a case from Virginia , the high court said such executions
violate the nation's "evolving standards of decency." Eighteen states now
prohibit execution of the mentally retarded, up from just two when the
justices upheld the punishment in 1989.

Back then, there was "insufficient evidence of a national consensus" against
such executions to conclude they violated the Eighth Amendment's ban on
cruel and unusual punishment, Justice Sandra Day O'Connor wrote at the
time.

That has since changed, said Justice John Paul Stevens.

"Construing and applying the Eighth Amendment in the light of our
'evolving standards of decency,' we therefore conclude that such
punishment is excessive and that the Constitution 'places a substantive
restriction on the state's power to take the life' of a mentally retarded offender," Justice Stevens said.

Before Thursday's ruling, mentally retarded people could face execution in 20 of the 38 death penalty states. Twelve states
don't have the death penalty at all. When those are added to the 18 that have rejected the death penalty for the retarded, a
majority of states are against such executions.

CC