Thwarting the hangman
The Supreme Court has handed Texas another blow in death penalty cases. It overturned the State's case against a man who was prevented from introducing evidence about his learning disability and low IQ. According to the State, one's mental capacity has nothing to with murder, which is why they thought the defendant deserved the death penalty. And yes I do say they because the jurors did not have all the information.
In capital murder cases you need either an intent to kill and/or malice, if I remember correctly, in order to be convicted. Malice is the key, and without it there's no case. If Texas could it would put to death children I imagine. This is no difference. Have the mental capacity of a 4 year old and you'll still get fried. The question is, do you want that zesty or plain?
