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Wednesday, March 28, 2001 Killing retarded inmates is a mockery of justiceNews-Journal Editorial Every argument in favor of the death penalty is based on the assumption that the threat of execution prevents those who might otherwise commit murder. It´s a spurious argument at best. But it truly fails when the accused murderer can't understand his own crime, let alone the potential consequences. Executing mentally retarded people is a barbaric act, especially since many are wrongfully convicted. It´s not uncommon for a retarded defendant to confess in an attempt to be helpful or to show off. They often have difficulty recalling the truth and can be easily persuaded to change their minds. But the bottom line is this: They can´t comprehend what´s going on. Executing someone like that, even when they´re guilty, serves no purpose. If anything proves that point, it´s the case of Johnny Paul Penry. Penry was brain-damaged at birth, and brutally abused from infancy. His multiple problems make his actual IQ hard to diagnose, but psychologists say he probably scores in the low 50s, with a mental age of about 7. Socially, his development was slowed even further by the abuse, which included a year spent locked in a closet and a deliberately broken arm that was never set. There is no doubt that Penry raped and murdered Pamela Carpenter in 1979. But there can also be no doubt that he didn´t understand his crime. Now on Texas´ death row, Penry spends most of his time coloring and looking at comic books. Twelve years ago, when reviewing Penry´s case, the U.S. Supreme Court refused to block his execution. But things have changed, and Penry´s case is back, along with another case of a South Carolina man who was convicted of murder in 1987. The standard the court is using to review these cases is an evolving one, based on society´s perceptions of the death penalty. And the court is correct; that perception is changing. In 1987, when Penry´s case was first reviewed, only two states specifically disallowed execution of someone who is mentally retarded. Eleven more states have adopted such laws since then. Florida´s Legislature shouldn´t wait on the court, however. The Senate is poised to pass a bill that would bar the execution of anyone with an IQ of around 70 or lower, and a House committee unanimously approved an identical bill Tuesday morning. Simple justice demands that this bill pass. This state would not conscience the killing of a 7-year-old child; it should not brook the senseless execution of someone with that level of understanding. |
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