[Congressional Record Volume 148, Number 83 (Thursday, June 20, 2002)]
[Senate]
[Pages S5845-S5846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPREME COURT RULING THE EXECUTION OF THE MENTALLY RETARDED
UNCONSTITUTIONAL
Mr. FEINGOLD. Mr. President, earlier today, the United States Supreme
Court issued one of the most significant decisions curtailing the death
penalty since the Court first found capital punishment unconstitutional
in 1972, and then reinstated it four years later. In a six to three
decision in Atkins v. Virginia, the Court ruled that the execution of
the mentally retarded is unconstitutional. The Court concluded that
such executions are cruel and unusual punishment in violation of the
Eighth Amendment.
This decision is a notable turning point for our Nation.
Indeed, a national consensus opposing such executions has been
growing for some time. In 1989, when the Supreme Court upheld the
execution of mentally retarded persons, only two of the 38 States that
authorize the use of the death penalty had banned executions of the
mentally retarded. Since then, 16 more States have enacted laws
prohibiting the practice. Now, 18 of the 38 States that use the death
penalty have banned the practice. And of the 20 States in the country
that continue the practice, nearly half have pending legislation to
halt executions of the mentally retarded. In addition, the Federal
Government, which re-enacted the death penalty in 1988, has banned
executions of the mentally retarded.
A recent poll by the National Journal found that only 13 percent of
Americans favor the death penalty for the mentally retarded. As this
poll indicates, Americans recognize that it is cruel and unusual to
apply the death penalty to adults who have the minds of children. In
many cases, mentally retarded adults accused of crimes cannot fully
understand what they have been accused of, and often do not comprehend
the severity of the punishment that awaits them. Accused adults with
low mental capacity are often characteristically eager-to-please, and
more likely to falsely confess to a crime.
Indeed, as Justice Stevens, writing for the majority, stated,
concerning mentally retarded defendants, ``Their deficiencies do not
warrant an exemption from criminal sanctions, but they do diminish
their personal culpability.'' He wrote: ``Mentally retarded defendants
may be less able to give meaningful assistance to their counsel and are
typically poor witnesses, and their demeanor may create an unwarranted
impression of lack of remorse for their crimes.'' Justice Stevens
continued: ``Mentally retarded defendants in the aggregate face a
special risk of wrongful execution.''
The Court also reasoned that the usual justifications for capital
punishment, retribution and deterrence, do not apply to mentally
retarded defendants. With respect to retribution, Justice Stevens wrote
that ``the severity of the appropriate punishment necessarily depends
on the culpability of the offender.'' But ``[i]f the culpability of the
average murderer is insufficient to justify the most extreme sanction
available to the State, the lesser culpability of the mentally retarded
offender surely does not merit that form of retribution,'' Justice
Stevens wrote. He concluded: ``Thus, pursuant to our narrowing
jurisprudence, which seeks to ensure that only the most deserving of
execution are put to death, an exclusion for the mentally retarded is
appropriate.''
With respect to the other justification for capital punishment,
deterrence, Justice Stevens wrote that ``executing the mentally
retarded will not measurably further the goal of deterrence.'' The
Court reasoned:
The theory of deterrence in capital sentencing is
predicated upon the notion that the increased severity of the
punishment will inhibit criminal actors from carrying out
murderous conduct. Yet it is the same cognitive and
behavioral impairments that make these defendants less
morally culpable . . . that also make it less likely that
they can process the information of the possibility of
execution as a penalty and, as a result, control their
conduct based on that information.
Today the Supreme Court reflected the sentiments of our nation on
this important issue. As the majority stated: ``The practice [of
executing the mentally retarded] . . . has become unusual, and it is
fair to say that a national consensus has developed against it.'' The
majority concluded: ``Construing and applying the Eighth Amendment in
the light of our `evolving standards of decency,' we therefore conclude
that such punishment is excessive and that the Constitution `places a
substantive restriction on the State's power to take the life' of a
mentally retarded offender.' ''
The Court's decision confirms that our Nation's standards of decency
concerning the ultimate punishment are indeed evolving and maturing.
Even before today's decision, we have known that the current death
penalty system is broken and plagued by errors, including the risk of
executing the innocent and racial and geographic disparities.
As evidence mounts that the administration of capital punishment is
plagued by inexcusable flaws, the American people are taking notice,
and taking action. Illinois Governor George Ryan took the courageous
and extraordinary step of placing a moratorium on executions two years
ago. He also created an independent, blue ribbon commission to review
the Illinois death penalty system. The commission released its report
earlier this year and made 85 recommendations for improving the
administration of the death penalty.
More and more Americans are realizing that they can no longer simply
look the other way when confronted with glaring injustices. And today,
a majority of the justices on our nation's highest court have joined
this growing chorus of Americans.
I am proud of our Court today. I am proud of a justice system that
recognizes that the execution of the mentally retarded is
unconstitutional, inhumane, and simply wrong. Today we can declare an
important and historic victory for justice.
[[Page S5846]]
But, while the Supreme Court must continue to scrutinize the capital
cases before it, Congress and the American people also have a
responsibility to act. Today's ruling presents us with further evidence
of the urgent need for a moratorium on executions and a full and
thorough nationwide review of the administration of the death penalty.
It is time for Congress to support passage of my bill, the National
Death Penalty Moratorium Act. We simply cannot continue to look the
other way.
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