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Mental Retardation As A Bar To The Death Penalty: Who Bears The Burden Of Proof, James Gerard Eftink
Mental Retardation As A Bar To The Death Penalty: Who Bears The Burden Of Proof, James Gerard Eftink
Missouri Law Review
In holding that the execution of mentally retarded offenders is cruel and unusual punishment,' the instant court followed the current trend of other states. Even before the Supreme Court of the United States rendered its decision in Atkins, state legislatures around the country, including the Missouri legislature, had enacted laws prohibiting the execution of mentally retarded offenders.' Also, the Supreme Court of Missouri's holding that a defendant bears the burden of proving his mental retardation is consistent with the position taken by the vast majority of states. However, the court rendered its holding in the absence of any legislation placing …