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MR, Racial Justice Legislation Examined in Pennsylvania

By Steve Hall

Today's Harrisburg Patriot-News reports, "Who should decide a defendant's mental capacity?"  It's written by Kari Andren.Eight years ago, the U.S. Supreme Court ruled that people with mental retardation cannot be given the death penalty. But the ruling left it up to each state to determine how to handle such cases, and Pennsylvania has yet to do so. Lawmakers, advocates and law enforcement officials clash on a key issue: Should a judge determine if a person lacks the mental capacity for the death penalty, or should the jury decide? The debate resumed Monday at a hearing before the House Judiciary Committee. The panel heard arguments on a bill before state lawmakers that would give judges the power to make the decision before the case goes to trial...continue to full post

Full post as published by StandDown Texas Project on August 17, 2010 (boomark / email).