tag:blogger.com,1999:blog-8298837746880587541.post4173307505299694964..comments2024-01-06T05:01:09.131-06:00Comments on The Defense Rests: Just kill himPaul B. Kennedyhttp://www.blogger.com/profile/15827522954049831696noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8298837746880587541.post-65967892161804993842017-11-08T13:34:08.250-06:002017-11-08T13:34:08.250-06:00Paul,
I often wonder about the sequence in which ...Paul,<br /><br />I often wonder about the sequence in which this happens. SCOTUS has ruled that we may not execute someone who is mentally disabled. I am curious to see if that applies regardless of the sequence of events.<br />Scenario 1 is that the defendant commits capital murder and was clearly diagnosed as an adolescent as being mentally disabled in which case the death penalty would be off the table.<br />Scenario 2 is that the defendant with normal intellectual capacity through present adulthood commits capital murder and goes through the process of conviction and sentencing. During incarceration he is intellectually disabled (either through a paralyzing stroke or perhaps during a brawl with other inmates or guards his head is bashed in with a brick) to the same functioning intellectually disabled level as in the first scenario. Would SCOTUS permit the execution because they were normally functioning at the time of the crime or trial?<br />Does when the intellectual disability occur in the timeline of the defendant's life matter? Leenoreply@blogger.com