Dudley Sharp
About the author: Dudley Sharp is the vice president of Justice for All, a Texas-based victims' rights group.
Those who argue against executing the mentally retarded are creating confusion about how the death penalty is applied. For decades, the legal system has not permitted the execution of the mentally retarded; only the mentally competent are allowed to be defendants in trials that could result in a death sentence or a prison term. Critics who contend that mentally retarded people have been executed are usually basing their claims on unreliable IQ evaluations. Mental competence should not be judged by IQ alone because intelligence can change over time. Moreover, competent criminals can intentionally score poorly on IQ tests in an attempt to evade execution. Courts should continue the practice of determining the defendant's mental competence before the case goes to trial.
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