The U.S. Supreme Court considered this issue more than a decade ago, and ruled in 1989 that executing the mentally retarded was not a violation of the Eighth Amendment. At the time, Georgia and Maryland were the only states that barred the execution of the mentally retarded. Mr. Battisti, Antonio Richardson's lawyer, has asked the Supreme Court to consider his argument that such a consensus has since developed. Tuesday night's stay of execution will give the court time to decide whether to hear his argument. If it decides not to consider it, the stay will automatically expire.
Capital punishment is always problematic.
But additional serious difficulties arise when those subject to the death penalty are mentally retarded. It is extremely difficult to determine the level of culpability of offenders with mental handicaps, and the death penalty is supposed to be reserved for the most blameworthy perpetrators of the most heinous acts. In addition, mentally retarded defendants most often find it difficult, and sometimes impossible, to participate effectively in their own defense. And there are documented cases of mentally retarded individuals confessing to murders that they hadn't committed. That's my only issue.