Since 1983 over 60 people diagnosed as mentally ill or with mental retardation have been executed in the United States. Humanitarian standards maintain that mentally impaired people should not be held criminally responsible for their acts. In 1989, the U.N. Economic and Social Council adopted a resolution which recommended the same.
Mental retardation is a mental disability distinct from mental illness.
The United States Supreme Court ruled in 1986 that the Eighth Amendment prohibits the execution of insane prisoners. Most U.S. jurisdictions have provisions which prohibit the execution of prisoners judged to be insane, but their diagnostic procedures vary widely. In many states the decision to refer a prisoner for psychiatric assessment rests with prison administrators. Some states have provisions requiring treatment of condemned prisoners who become mentally ill. In clear violation of international standards, mentally impaired people have been executed in the United States.