Executing the Mentally Retarded

September 2, 2001

Dear Editor,

Twelve of the 36 states which execute prisoners prohibit execution of the mentally retarded. The problem is identifying who is too retarded to appreciate the criminality of their conduct.

The American Association of Mental Retardation uses three criteria: 1) an IQ below 70-75, 2) which existed before age 18, and 3) significant limitations adaptive skill areas. Their definition accounts for both intelligence and emotional interference.

Two prisoners have been released from Pennsylvania’s death row because of evidence of retardation. Both were within hours of execution. One wanted to hurry up and get the execution over with so he could go home and enjoy dinner with his family. We have recently considered executing an 11-year-old girl who was both retarded and disabled.

The legislature is considering two bills to clarify when someone is too retarded to appreciate the criminality of their conduct. Senator Helfrick’s Senate Bill 26 defines retardation as “significantly subaverage intellectual functioning as evidenced by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and impairment in adaptive behavior, and that the mental retardation is manifested before the individual attains 22 years of age.”

Representative Fairchild’s House Bill 1861 defines retardation as “a subaverage intellectual functioning level as evidenced by an intelligence quotient, determined before the age of 18, of not more than 60; and impairment in adaptive behavior.”

Both Bills try to apply AAMR’s criteria. The problem with the Senate Bill is that it relies entirely on an IQ test without considering emotional interference. The problem with the House Bill is its use of an IQ of 60. The prisoner who wanted to have dinner after his execution had an IQ of 62-64.

The purpose of execution is not served on people who are too retarded to appreciate the criminality of their conduct. The criteria for that retardation have been set by people who are experienced in the field. The legislature should use those criteria.

Roger Thomas

Harmony Twp.