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The law in Kyrgyzstan prohibits the execution of the retarded.
The court ruled 6 to 3 that the Eighth Amendment prohibits the execution of the mentally retarded, after holding the opposite just 13 years ago.
Federal law prohibits the execution of juvenile offenders charged with federal crimes, and when New York reinstated the death penalty in 1995, it specifically excluded juvenile offenders.
International law prohibits the execution of child offenders but in Iran, girls as young as nine and boys aged 15 or older can be killed for some crimes, including murder.
And that the other justices will make clear in future cases that the Constitution prohibits the execution of death row inmates who can produce convincing evidence that they are innocent.
You correctly note that the State of Georgia, by forcing capital defendants to prove beyond a reasonable doubt that they are mentally retarded, has eviscerated the Supreme Court's ruling in Atkins v. Virginia, which held that the Constitution prohibits the execution of the mentally retarded ("An Intolerable Burden of Proof," editorial, Nov. 30).
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In 2005, the court prohibited the execution of minors, again noting global opinion.
Connecticut, Arizona and Florida have also enacted laws this year prohibiting the execution of someone who is retarded.
Most of the countries of the world prohibit the execution of prisoners who were juveniles when the offense was committed.
Here in Texas, Gov. George W. Bush has opposed laws that would prohibit the execution of the mentally retarded.
Of the 38 states with the death penalty, 17 prohibit the execution of the mentally retarded, as do the federal government and the District of Columbia.
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