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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 …
Mental Responsibility And The Criminal Law In Missouri, Henry S. Clapper
Mental Responsibility And The Criminal Law In Missouri, Henry S. Clapper
Missouri Law Review
The purpose of this comment is two-fold: first, to discuss generally the criminal law concept of mental disease or defect; and second, to provide an analysis of important Missouri case law arising under the 1963 mental responsibility act. Prior to the passage of the act, Missouri followed the traditional test for criminal insanity known as the M'Naghten Rule. The new codification includes some of the various modifications of the M'Naghten Rule that have been made in both the recent and more distant past. In order to better understand the application of the Missouri statute, a discussion of the various approaches …