NYT: Justices Return to a Death Penalty Issue
The US Supreme Court has said that it violates the Constitution to execute someone who is mentally retarded. But the Court has never articulated a definition, leaving that to each individual state. There has been much litigation over the definitions. Some states are outliers in terms of their definitions, and Florida is one such state. The US Supreme Court has just taken a case in which the man convicted has been found to be mentally retarded, but does not meet Florida’s definition.