U.S. Supreme Court
Jun. 3, 2009
States Can Rule on Mental Capacity
Elaborating on a 2002 decision to ban the death penalty for the mentally retarded, the U.S. Supreme Court held Monday that state courts are allowed to order new hearings to establish the mental capacity of those who were already on death row when the 2002 case was decided.
Daily Journal Staff Writer WASHINGTON - Elaborating on a 2002 decision to ban the death penalty for mentally retarded defendants, the U.S. Supreme Court held Monday that state courts are allowed to order new hearings to establish the mental capacity of those who were already on death row when the 2002 case was decided. At issue was whether the double jeopardy clause of the Fifth Amendment, which prevents courts from trying a def...
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