Mental Retardation and the Death Penalty: Current Issues for Attorneys and Psychologists

Society has long struggled with the question of whether there should be a death penalty in the United States. Public opinion on this issue changes frequently, with support of the death penalty waxing and waning over the years (Death Penalty Information Center, “History of the Death Penalty”). In the United States, the death penalty has long been approved by the U.S. Supreme Court as an appropriate sentence for certain defendants. The Eighth Amendment of the U.S. Constitution protects individuals against “cruel and unusual punishments.” The Supreme Court determines whether a particular punishment is cruel and unusual, usually through an examination of the prevailing societal mores.