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Should a civilized society levy its most extreme punishment against someone who cannot fully understand it? Against someone who could not help his own lawyers defend him? Against someone who may have confessed to "help out" the police, not realizing he's just helped himself to the death chamber?
Editorial in the Dallas Morning News, November 22, 1998
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Since the death penalty was reinstated in 1976, at least thirty-five people with mental retardation have been executed in the United States. The exact number of people with this disability who are on death row awaiting execution is not known; experts believe there may be two or three hundred. Because of their mental retardation, these men and women cannot understand fully what they did wrong and many cannot even comprehend the punishment that awaits them. While they have the bodies of adults, in crucial ways their mental function is more like that of children. Twenty-five states, nevertheless, permit capital punishment for offenders with mental retardation.
In recent years, a growing public revulsion against executing persons with mental retardation has emerged in opinion surveys and political initiatives. Polls consistently show that a clear majority of American people -- including many who support the death penalty -- believe it is wrong to subject those with mental retardation to the ultimate state-sanctioned punishment. Thirteen states and the federal government have passed legislation prohibiting the execution of offenders with mental retardation and, as of February this year, efforts are underway in seven states to obtain similar legislation.
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