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Texas Sends Mentally Retarded Prisoners to Death Row Using Junk Science

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posted on Jan, 21 2010 @ 01:36 PM
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Despite a U.S. Supreme Court ban, Texas still sends mentally retarded people to the execution chamber. Now, one Mexican immigrant's case could change this.


Click here for the full article


I know, that alternet will usually write with some bias. However, in a case like this all that matters is the evidence. I suggest you read the article, for the full story.




Texas Criminal Defense Lawyers Association, says "the gamesmanship is this: I can make you hate this guy so much that you won't care if he's mentally retarded."


Beyond this actual case, where do you think the line should be drawn, fallow ATS'ers?

Do you think that the fundamentals- right and wrong- apply to everyone. mentally handicapped or not?

Is this 'un-american"?

Cant wait to hear your thoughts....




posted on Jan, 21 2010 @ 01:49 PM
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Here's the problem:


In the absence of legislative guidelines, the Texas Court of Criminal Appeals wrote "temporary judicial guidelines" that have guided Texas courts ever since. In its Briseño decision, the court called clinical definitions of mental retardation, like those used by the U.S. Supreme Court, "exceedingly subjective." Texas added its own set of additional criteria in the form of seven questions, including: "Did the commission of that offense require forethought, planning and complex execution of purpose?" If a defendant didn't address these questions to the court's satisfaction, he could be eligible for execution even if his test scores showed he was mentally disabled.


Bold emphasis mine.



posted on Jan, 21 2010 @ 02:01 PM
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reply to post by InertiaZero
 


I don't see anything wrong in this, an eye for an eye and all that, if you going to commit a crime where another human being is killed by your hands you should be shown no leniency in my book.

It doesn't matter if your mentally retarded or a complete brainiac its all the same.



posted on Jan, 21 2010 @ 02:05 PM
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reply to post by franspeakfree
 


the mentally retarded deserve equal rights to! we mentally capable people arent the only ones special enough to get the death sentence i mean come on!



posted on Jan, 21 2010 @ 02:08 PM
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Originally posted by metalholic
reply to post by franspeakfree
 


the mentally retarded deserve equal rights to! we mentally capable people arent the only ones special enough to get the death sentence i mean come on!


This is what I wrote ? 'It doesn't matter if your mentally retarded or a complete brainiac its all the same.[i/]

If you kill someone i.e take another human life off this planet, then you deserve what you get no matter what colour,creed,level of education/awareness you are.



posted on Jan, 21 2010 @ 02:11 PM
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reply to post by franspeakfree
 


yeah i was agreeing with you but i was putting it more in a sarcastic joke manner!



posted on Jan, 21 2010 @ 02:14 PM
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Originally posted by metalholic
reply to post by franspeakfree
 


yeah i was agreeing with you but i was putting it more in a sarcastic joke manner!


Oh my bad, are you british? I never get the british sense of humour/sarcasm. I just assumed people were going to jump on me for mentioning that everyone should be in the same boat oops



posted on Jan, 21 2010 @ 02:16 PM
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reply to post by franspeakfree
 


its off topic but no not british i'm american but i've got my own style of humour sometimes so maybe thats why you didnt get it



posted on Jan, 21 2010 @ 03:05 PM
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So I guess the concensus so far, is: "Just because you cant think at the same capacity as others, youre still guilty".

In your favor of argument, we will put dogs asleep that attack humans. Sometimes, we will shoot a bear know to kill humans as well.

What is the separation of instinct? How does that occur?

Where do we draw the line, at killer instincts?



posted on Jan, 21 2010 @ 03:24 PM
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reply to post by InertiaZero
 


I don't believe it has anything to do with instincts, simply this - You Kill, You are killed. We have the death penalty to remove people who have commited serious acts of violence. IMO every country should have it.



posted on Jan, 21 2010 @ 03:29 PM
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If a retarded person killed a member of My family,I'd want them to be executed! I think if a retarted person commits murder they should pay the ultimate price.



posted on Jan, 21 2010 @ 03:42 PM
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Not sure if you were just asking for American input.. if so, please ignore my post..

I am, and I guess I will always be against death penalty..

One of the cases that create that mental stumbling block for me is the case of Derek Bently who was mentaly impaired teenager (said to have a mental age of 11) convicted of killing a policeman and hung, it took 46 years for him to receive a postumous pardon.

From my standpoint as an Englishman looking at my legal system, I feel sure if we had not abolished the death penalty then I am sure the Guildford 4 and the Birmingham 6 would have been sentenced to death.. and perhaps have that penalty carried out.

en.wikipedia.org...
en.wikipedia.org...

Given the later proof that both cases were unsafe convictions, I can not in good concience trust this would not happen again..

The problem I have is that if they had been sentanced to death and the penalty carried out, we would never have found out those cases were unsafe..



posted on Jan, 21 2010 @ 03:50 PM
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reply to post by thoughtsfull
 



I understand what you are saying, but in this particular case its a cut and dry situation, the retarded man was caught on CCTV.



During his trial in 1996, prosecutors repeatedly played the videotape showing Daniel ruthlessly killing Mahbubani.





[edit on 21-1-2010 by franspeakfree]



posted on Jan, 21 2010 @ 04:50 PM
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reply to post by franspeakfree
 


I understand, and that's one of the major issues I have... to put it simply I feel on the one hand there are clear cut cases.. on the other, abuses of the system to present clear cut cases..

As I don't trust "my" system completly, I don't know which is which so that leaves me only one alternative which is to be anti-death penalty, and against *all* such penalties being carried out..

The negative consequence of which is that it leaves me in the position of being against the death penalty in this case, and against the death penalty in cases like Moors Murderers

But what I do know is that my stance it is not a satsifactory solution.. So my hope is that those who support the death penalty in this case have more trust and faith in their justice system than I have in mine..

Perhaps that is all it actually comes down to.. trust and faith that the justice system you live under works..




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