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Essay / Research Paper Abstract
This 7 page paper argues that it is appropriate and constitutional for the death penalty to be administered in cases where the defendant is retarded. Bibliography lists 8 sources.
Page Count:
7 pages (~225 words per page)
File: RG13_SA927rev.rtf
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Unformatted sample text from the term paper:
in homes designed for damaged goods, but in the twenty-first century, there is attention to the rights for all, including those with mental deficiencies. The Association of Mental Retardation declares
that the mentally retarded should have the right to make all of their own decisions, the right to live in the least restricted environment that is appropriate for them, and
the right to have gainful employment ("American Association for Mental Retardation-Rights of the Mentally Retarded," 1973). Many mentally retarded individuals today take care of themselves and have jobs. With these
rights comes responsibility. Mentally retarded persons are now provided with the rights to make decisions for themselves, but they also must be held accountable for their actions. In respect to
death penalty cases, mental retardation may be considered a mitigating factor as it was in the Penry case, but it should not be a deciding factor as it is today.
That is, the death penalty is a constitutional punishment for everyone, including those with mental retardation. In order to prove that the death penalty is constitutional for those with mental
retardation, it is important to prove that the death penalty abides the spirit of the constitution. It should first be noted that the arguments about the death penalty run the
gamut and include rhetoric embracing issues of constitutionality to morality to fairness. Yet, the United States of America is a nation of laws and like all other statutes, when the
death penalty is on the books, it should be accepted. It is true that all laws that come from the legislative branch are supposed to be scrutinized by the judiciary,
as that is the system of checks and balances and is quite desirable. Yet, to say that the death penalty is unconstitutional is stretching the meaning of the fourteenth and
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