The Supreme Court said Monday 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's Atkins decision left it up to states to determine whether inmates are retarded. Monday the justices reiterated that states have discretion to set up their own systems. The decision leaves open the chance for a future challenge, claiming that a system as applied is unconstitutional.
Supreme Court Rules Against Arizona Death Row Inmate
The Associated Press
October 18, 2005