U.S. high court upsets earlier decisions on executions of mentally handicapped - Ageing And Disability - Brief Article

Community Action, July 15, 2002

WASHINGTON -- The United States Supreme Court, in a 6-3 decision, has banned the execution of persons who are mentally-retarded.

Human Rights Watch, an independent monitoring group, estimated that there are about 120 prisoners on death row who have an IQ lower than 70, the standard for classification as retarded. The court overturned a previous decision in 1989 that upheld the executions.

In its June decision, the court said there has been a dramatic shift in national sentiment and a growing national consensus. Eighteen states have banned execution of mentally retarded persons while 20 still allow it. Twelve states have banned capital punishment altogether.

The three dissenting judges said the majority was seriously mistaken in its read of the national view and was relying on unscientific public opinion polls. A nation-wide Gallup Poll conducted in May showed 82% opposed to executions for retarded persons.

Doreen Croser, executive director of the American Association on Mental Retardation, said the yardstick for measuring mental retardation in the courts is likely to be a combination of IQ score, adaptive behavior such as reading, writing and general interaction, and education and medical records.