Excerpt
A topic of recent controversy is whether mentally retarded defendants are eligible for the death penalty. The outcome of this case could impact the 20 States that allow executions of the mentally retarded, as well as lead to a flood of new appeals.
In This Issue
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Foreword
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Capital Punishment Case Law
The Supreme Court's Shifting View of the Death Penalty
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Overview of Penry v. Lynaugh
The Court Considers the Death Penalty and Mental Capacity
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Lower Court Holding
Decision of the Virginia State Supreme Court
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Before the Court
The Justices Weigh in During Oral Arguments
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Pro & Con
Does Executing a Mentally Retarded Convict Constitute "Cruel and Unusual" Punishment?
