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 1/9/2009

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An End to Executing the Mentally Retarded?
Execution gurney (AP)
Execution gurney (AP)

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The court of world opinion has long condemned America for its Death Penalty. Now, the U.S. Supreme Court is joining in, at least in one aspect, in a six to three decision.

The Court has declared that the Eighth Amendment to the Constitution bars the State from executing mentally retarded convicts; people who can hardly care for themselves or operate in society, not to mention fully comprehend the horror of their crimes or the workings of the criminal justice system. What's more, the Supreme Court claims to have taken public opinion into account in making the call.

Some activists are hailing a court they say is finally aligning law with common sense, but others, including a number of Attorneys General, call this "justice by opinion poll."
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Nina Totenberg, NPR's Legal Affairs correspondent

Jim Ellis, lead attorney in Atkins vs. Virginia

Lynn McLellan, assistant district attorney for Harris County, Texas

Eric Freedman, professor of law at Hofstra University.

Lynn McLellan and Nina Totenberg on the legal definition of mental retardation listen
Eric Freedman: There are people who will give false confessions listen
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· The Sky is Broken
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