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At first blush, says Evan P. Schultz, there seems to be nothing to object to in the Supreme Court's holding that executing mentally retarded people violates the Eighth Amendment's prohibition on cruel and unusual punishments. But the opinion, written by Justice Stevens, raises some questions. If we're civilized enough not to kill people too incapacitated to know what they were doing, then why is it OK to lock them up?
July 03, 2002 at 12:00 AM
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The original version of this story was published on Law.Com
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