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| Death-Row Mental Test Ruled Not Legal Right |
| By Associated Press |
| Published: 10/24/2005 |
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The Supreme Court decided last week that death-row inmates do not automatically have a right to a jury trial to determine whether they are mentally retarded, and therefore ineligible for execution. Three years ago the court barred executions of the mentally retarded on grounds that they violated the constitutional ban on cruel and unusual punishment. Justices left it up to states to determine whether inmates are retarded. In an unsigned opinion yesterday, justices reiterated that states have discretion to set up their own systems. The court issued its opinion without hearing arguments. The decision leaves open the chance for a future court challenge, claiming that a system as applied is unconstitutional. Fifteen states, including New Jersey, had urged the Supreme Court to rule in Arizona's favor. Lawyers for those states said that the process for determining if someone is mentally retarded varies state-by-state. The Supreme Court said that "Arizona had not even had a chance to apply its chosen procedures when the 9th Circuit pre-emptively imposed its jury trial condition." |
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