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Pennsylvania Justices: OK to Execute 'Mentally Deficient' People

By standdown

That's the title of an article from Law.com's Legal Intelligencer today.  The ruling in the case of Pennsylvania v. Vandivner is here.   Leo Strupczewski's news report is here.In a decision that may prove to be a lightning rod in the debate over Pennsylvania's use of the death penalty, the state Supreme Court has ruled that any criminal defendant with mental impairments, short of being legally defined as "mentally retarded," can be executed for capital offenses. A dissenting justice accused the majority of being "draconian" and warned the ruling might lead to putting mentally retarded people to death. The justices in the 5-2 decision in Commonwealth v. Vandivner ruled that those seeking waiver of the death penalty must show records noting a defendant's mental illness began before his or her 18th birthday -- a decision Justice Max Baer labeled as problematic for certain defendants...continue to full post

Full post as published by StandDown Texas Project on January 27, 2009 (boomark / email).