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Abstract

Controversy surrounding the execution of individuals identified with mental retardation has catapulted to the forefront of American society. This article examines this issue, reviewing the prominent literature that advocates or opposes a universal ban on the application of the death penalty to people labeled with mental retardation and offering the author's perspective on the matter. The author's discussion delineates the argument into two major concerns: The increased probability that a person with cognitive deficits may be unjustly convicted and sentenced because of certain characteristics of his or her disability, and the degree of blameworthiness of an offender who might have a lessened sense of personal responsibility. It is argued that because of the realities of the American legal and penal systems, the application of the death penalty to people with mental retardation must be banned, at least until each case can be examined thoroughly by individuals well informed about the manifestations of such cognitive limitations.

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Prohibiting Capital Punishment for People Identified with Mental Retardation: Protection or Discrimination?

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