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Execution of Mentally Challenged Inmate Stayed
By examiner.com
Published: 03/11/2010

After Gov. Charlie Crist refused clemency, the Florida Supreme Court decided to stay Johnston's execution pending Intelligence Quotient [I.Q.] test results, since the U.S. Supreme Court ruled in 2002 that it is unconstitutional to execute retarded people because it stands in violation of the constitutional right against 'cruel and unusual' punishment.

David Eugene Johnston was scheduled to be executed in Florida last week, on March 9, for the murder of 84-year-old Mary Hammond of Orlando. The stay grants time for the debate over Johnston's I.Q. scores, for he had previously scored 84 in older versions of the test, while in the newer -supposedly more accurate version- he only scored 61. It makes a difference -a life and death difference- what score a death row inmate earns.

The magic number is 70. If death row inmates receive 70 or above, they are considered able to understand what they have done and responsible for it. However, severe mental retardation, registered at below scores of 70 in I.Q. tests and inability to perform basic self-care duties by the age of 18, means that inmates probably cannot be made as responsible for their actions. For that reason, the U.S. does not execute those with severe mental retardation.

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