us Texas to execute inmate diagnosed as 'mentally retarded'

[FlintyV]

Guardian - A death row prisoner who has been medically diagnosed as "mentally retarded" and therefore exempt from execution is set to die on Tuesday in Texas, a state that rejects scientific consensus and instead applies its own definition of learning difficulties based on a character in a John Steinbeck novel.

Barring a last minute intervention by the courts, Marvin Wilson, 54, will be put to death by lethal injection even though he has been subjected to scientifically-recognised tests that show him to be intellectually disabled ? or "mentally retarded" as the US legal system still calls the condition.

In 2002, the US supreme court banned executions for all such prisoners under the Eighth Amendment of the constitution that prohibits excessive punishment. The 2002 ban, in Atkins v Virginia, is categorical: individuals with mental retardation cannot be put to death. The court allowed some discretion on the part of individual states to devise procedures for administering the injunction, but no right to ignore it.

Source

[jnelsoninjax]

So basically the state of Texas can do what ever the hell they want to do? A kind of 'To hell with the law?' or is this just a way for everyone to feel pity for the prisoner?

[Memphis]

Marvin Lee Wilson (born 5 January 1958) is a prisoner who has been on death row in Texas since May 9, 1992^[1] for the murder of a police drug informant.^[2] Wilson abducted and shot 21-year-old Jerry Robert Williams following a physical confrontation between the two in the 1500 block of Verone in Beaumont. At the time of the murder, Wilson had two previous convictions for robbery.^[1]

^{He didn't pull that off with the IQ of 61, also, the way this article trivializes the system Texas uses is not needed. That said, I am torn on the death penalty as it currently sits because I agree with it, but more often then not minorities and blacks get it before their white counterparts for similar crimes.}

[theyarecomingforyou]

Another reminder that the US has a long way to go before it catches up with the rest of the civilised world.

[Konstanov]

Another reminder that the US has a long way to go before it catches up with the rest of the civilised world.

And the first reminder that you're a holier than thou ****?

[moloko]

what does it matter if he retarded he murdered someone and was found guilty.

I wonder if he will be given a stay so not given death but just life instead. I think it depends on how much noise the constituents make.

[theyarecomingforyou]

And the first reminder that you're a holier than thou ****?

You've really put me in my place. :rolleyes:

[DocM]

So basically the state of Texas can do what ever the hell they want to do? A kind of 'To hell with the law?' or is this just a way for everyone to feel pity for the prisoner?

The US Supreme Court gave a nebulous decision back then. They ruled out executing the mentally retarded, but did not define it. That they turned back to the state legislatures to decide.

What little guidance they did give may not help this guy;

....that a person not only has substandard intellectual functioning but also significant limitations in adaptive skills such as communication, self-care, and self-direction.

so if he could care for himself, communicate, etc. he could well not meet the legal definition outlined by SCOTUS.

[theyarecomingforyou]

what does it matter if he retarded he murdered someone and was found guilty.

A retard is deemed not to have the mental capacity to understand the consequences of their actions.

[KingCracker]

Hmm, where did I hear that a law is a law if its broke the person must be punished, no exceptions..

[Tender Foot]

A retard is deemed not to have the mental capacity to understand the consequences of their actions.

and that doesn't mean they shouldn't face the consequence either or every murder would be claiming they are retarded to get away with their crime.

[moloko]

A retard is deemed not to have the mental capacity to understand the consequences of their actions.

I know what a retard is. but to me it should not matter. He is still a threat to society that why he in prison. This could be a good time for the family to sue the state.

[theyarecomingforyou]

and that doesn't mean they shouldn't face the consequence either or every murder would be claiming they are retarded to get away with their crime.

The US Supreme Court disagrees. And even so they wouldn't "get away with the crime" - they'd still be facing life in prison.

[bjoswald]

And I thought Texas finally made killing retards illegal!

[FlintyV]

Hmm, where did I hear that a law is a law if its broke the person must be punished, no exceptions..

May want to read the article to see what's controversial about it:

Supreme Court of the United States ruled 6-3 that executing mentally retarded individuals violates the Eighth Amendment's ban on cruel and unusual punishments.

[nominak]

Hmm, where did I hear that a law is a law if its broke the person must be punished, no exceptions..

in Atkins v Virginia, is categorical: individuals with mental retardation cannot be put to death.

Reading. Does a body good.

[DocM]

SCOTUS defined it thusly -

....that a person not only has substandard intellectual functioning but also significant limitations in adaptive skills such as communication, self-care, and self-direction.

so if he could self-care, communicate etc. he may not meet that standard.

[KingCracker]

Which brings us back to, why is the US the only western country to execute people?

It's barbaric and deserves no place in a civilised society... much like guns. *Opens can of worms* :rofl:

So say someone goes on a murdering spree he should get life in prison at the expense of the tax payers? No thanks.

[theyarecomingforyou]

So say someone goes on a murdering spree he should get life in prison at the expense of the tax payers? No thanks.

It costs more to execute a person than to let them remain in jail for the rest of their lives. Even so, is the US obsession with money so extreme that people would rather execute prisoners if it would save money? And all this from a country that talks up its Christian values. Crazy.

[nominak]

So say someone goes on a murdering spree he should get life in prison at the expense of the tax payers? No thanks.

As opposed to the more expensive Death Penalty? At the expense of the tax payers?

[KingCracker]

As opposed to the more expensive Death Penalty? At the expense of the tax payers?

Most of the cost comes from the trail. If someone like james holmes gets arrested for murdering people you really think he's innocent? No need to drag on the process. Whos going to argue that hes innocent anyway? Swift justice. innocent until proven guilty? I believe the people he killed pretty much proves hes guilty.

[nominak]

Most of the cost comes from the trail. If someone like james holmes gets arrested for murdering people you really think he's innocent? No need to drag on the process. Whos going to argue that hes innocent anyway? Swift justice. innocent until proven guilty? I believe the people he killed pretty much proves hes guilty.

Doesn't matter if they're innocent or not. That's the whole point of the justice system. Innocent until proven guilty in a court of law.

Take that away and you'd have chaos/riots over the right to a fair trial.

Out of all the people here, YOU would be one of the people who should be in favour of this right to a fair trial. Being part of the Constitution and all.. you know.. the same Constitution that gives you the right to bear arms?

[KingCracker]

Doesn't matter if they're innocent or not. That's the whole point of the justice system. Innocent until proven guilty in a court of law.

Take that away and you'd have chaos/riots over the right to a fair trial.

So he has a chance to be proven innocent? The trial will drag on and on when everyone knows he's guilty even the court of law. I'm not saying this should be the case for ALL cases but when someone shoots up a bunch of people and has numerous witnesses and gives him self up to the police. He's guilty right there and everyone knows it. If it was up to me I would of hanged him on the spot. Call me barbaric all you want but it would save a hell of a lot of money to just get rid of them right then and there. Again I wouldn't consider it for all cases only the most extreme cases. Death penalty swift and fast for anyone that commits mass murder. Kind of drifting off the topic a little but.

[theyarecomingforyou]

So he has a chance to be proven innocent? The trial will drag on and on when everyone knows he's guilty even the court of law.

But what if he's mentally insane after years of physical abuse and sexual molestation by his parents? What if he was unaware of what he was doing and with treatment he could become sane again? The whole point of the court system is to consider all the evidence and make an informed decision. The only reason you have that opinion of him is because of what you've seen in the media, yet much of that could be wrong.

I don't know why I'm bothering to explain the justice system to someone that puts guns in their signature. You'd probably rather shoot him in the street and be done with it.

[KingCracker]

But what if he's mentally insane after years of physical abuse and sexual molestation by his parents? What if he was unaware of what he was doing and with treatment he could become sane again? The whole point of the court system is to consider all the evidence and make an informed decision. The only reason you have that opinion of him is because of what you've seen in the media, yet much of that could be wrong.

I don't know why I'm bothering to explain the justice system to someone that puts guns in their signature. You'd probably rather shoot him in the street and be done with it.

Oh you act so high and mighty. You reek of arrogance. Making excuses for criminals now are we? You don't have to explain anything to me I know how the justice system works. I was explaining how I'd run it though. No I wouldn't shoot him in the street, i'd make him eat English cooking, that would make him beg for mercy. :)