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Gray matter: redefining mental retardation in capital murder.
From:
The Forensic Examiner
| Date:
September 22, 2007| Author:
Gross, Bruce
| COPYRIGHT 2007 American College of Forensic Examiners. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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In two separate but related decisions, in 1989 and 2001, the United States Supreme Court held that mental retardation is a mitigating factor to be considered by capital juries during sentencing, that the class of individuals diagnosed as "mentally retarded" is not homogeneous in terms of their capacity for legal and moral culpability, and that capital punishment of mentally retarded persons is not a universal or per se violation of the Eighth Amendment's protection against "cruel a...
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