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Supreme Court strikes Florida law on intellectually disabled death row inmates
WaPo ^ | 05/27/2014 | Robert Barnes

Posted on 05/27/2014 8:52:16 AM PDT by BuckeyeTexan

The Supreme Court gave greater protection Tuesday to death row inmates seeking to prove they should not be executed because they are intellectually disabled, and ruled that laws like those in Florida and Virginia are too rigid.

The court ruled 5 to 4 that state laws that draw a bright line on IQ-test results are unconstitutional. Under those laws, an inmate who scores above 70 on the test cannot be considered intellectually disabled and cannot present evidence that he or she should not be executed.

Florida, Virginia and Kentucky have such laws, and a handful of others have similar rules. It was the court’s first consideration of state laws defining mental retardation in capital cases since its 2002 decision that executing the mentally retarded violated the Constitution’s prohibition against cruel and unusual punishment.

Justice Anthony M. Kennedy joined the court’s liberals in Tuesday’s ruling , and said laws imposing a strict IQ test run counter to a unanimous verdict in the medical community that such scores are imprecise.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: deathpenalty; scotus

1 posted on 05/27/2014 8:52:16 AM PDT by BuckeyeTexan
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To: Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; Salvation; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

2 posted on 05/27/2014 8:53:01 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

In other words, an inmate can avoid the death penalty by faking a low score on an IQ test.


3 posted on 05/27/2014 8:53:22 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: BuckeyeTexan

I’ve never understood this. Seems to me that a person of below-average intelligence who rapes and murders is even more dangerous that one who knows right from wrong.


4 posted on 05/27/2014 8:55:31 AM PDT by Sans-Culotte (Psalm 14:1 ~ The fool says in his heart, “There is no God.”)
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To: Sans-Culotte

They were smart enough to commit the crime.


5 posted on 05/27/2014 8:56:11 AM PDT by dfwgator
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To: BuckeyeTexan
Why did SCOTUS even reinstitute the death penalty in 1976 for then?

Leftist judges are now going to ban each state's death penalty, like they're currently doing to constitutional amendments upholding traditional marriage.

6 posted on 05/27/2014 8:57:32 AM PDT by Extremely Extreme Extremist (100% pure organic, free-range conservative)
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To: BuckeyeTexan
that such scores are imprecise

Striking fear into the hearts of all those 69'ers who thought they were not at risk.

♫ always look at the bright side of life ♫

7 posted on 05/27/2014 8:58:51 AM PDT by NonValueAdded (Operating out of weakness? Imagine if he was working from a position of strength!)
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To: BuckeyeTexan

Kennedy needs to hang when this country finally reaches the tipping point.


8 posted on 05/27/2014 9:00:04 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: BuckeyeTexan

Perhaps the state should pay for a tutor.


9 posted on 05/27/2014 9:00:28 AM PDT by billorites (freepo ergo sum)
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To: Extremely Extreme Extremist

Think of the absurdity of using “cruel and unusual” clause to throw these cases out. Clearly the death penalty is not unusual, so that isn’t relevant. What is left? Cruel.

That someone is getting the death penalty means they’ve committed an atrocity such as murder, serial rape, aggravated kidnapping/rape/murder, etc. An atrocity as listed above is by definition at the very least cruel. So any societal response less than the above is less than cruel.

The fundamental problem with liberalism is that it takes what is good and replaces it with what sounds good. The results be damned. It’s awfully hard to create a functioning lawful society without Judeo-Christian values.


10 posted on 05/27/2014 9:12:23 AM PDT by 1010RD (First, Do No Harm)
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To: Blood of Tyrants

So how about applying the same test to voters: too dumb to be legally educated, then too dumb to vote?


11 posted on 05/27/2014 9:29:53 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Blood of Tyrants

Between this and the ongoing War on Lethal Injection Drugs, the death penalty is pretty much finished as a practical matter.


12 posted on 05/27/2014 9:39:52 AM PDT by Buckeye McFrog
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To: fwdude
Kennedy needs to hang when this country finally reaches the tipping point.

Executing the retarded is unconstitutional, remember?

13 posted on 05/27/2014 9:47:18 AM PDT by DoodleDawg
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To: BuckeyeTexan

Kennedy is the stupidest man to ever sit on the USSC. His decisions are a joke to read. He often refutes himself and disproves his own premise. They read like a Dr. Suess book.


14 posted on 05/27/2014 9:50:01 AM PDT by Dr. Thorne ("How long, O Lord, holy and true?" - Rev. 6:10)
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To: Sans-Culotte
Exactly. Also, why not let the damn jurors/judge in each individual case decide whether the crime and the actions of the person on trial warrants the DP, and not some blanket law from the Lords in black robes?
If it's determined a person is competent to stand trial than who the hell is SCOTUS to say how much punishment they should be given?
If a man kills and rapes someone then runs, lies about it, and covers up his crime, he's clearly competent enough to get the death penalty as he knows what he did was wrong.
15 posted on 05/27/2014 10:27:57 PM PDT by snarkytart
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To: Blood of Tyrants

I thought IQ tests were not a valid form of testing intelligence per Libtards when looking at black scores?
haha


16 posted on 05/27/2014 10:28:36 PM PDT by snarkytart
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To: Buckeye McFrog
Yep, and don't forget SCOTUS banning the death penalty for any case where the murderer was under 18. No matter who vicious and premeditated the crime.
As if a jury would treat a 12 year old with the same view as 17 year old murderer.
Again this is best left to the state and jury and they judge what a persons punishment should be after hearing all the evidence, and not the USSC from DC.
17 posted on 05/27/2014 10:31:48 PM PDT by snarkytart
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