Cathleen C. Herasimchuk

In the following viewpoint, Cathleen C. Herasimchuk argues against a proposed Texas statute that would prohibit the execution of murderers having an IQ of 65 or less. She contends that a person with limited intellectual capacity may still know right from wrong, and that juries should be allowed to decide when a mentally retarded murderer is morally culpable for his crime. Setting an IQ standard of 65 would simply encourage criminals to score poorly on such tests to evade death sentences, she points out. Herasimchuk, a former Harris County, Texas, assistant district attorney, is a lawyer in private practice in Houston, Texas.

As you read, consider the following questions:

1. In Herasimchuk’s opinion, how should society judge the moral blameworthiness of an act"
2. How many states prohibit the execution of the...