Legal Defectives at it AGAIN!

labrea_gwAugust 5, 2012

Texas set to execute death row inmate diagnosed as 'mentally retarded.

A death row prisoner who has been medically diagnosed as "mentally retarded" and therefore exempt from execution is set to die on Tuesday in Texas, a state that rejects scientific consensus and instead applies its own definition of learning difficulties based on a character in a John Steinbeck novel.

Barring a last minute intervention by the courts, Marvin Wilson, 54, will be put to death by lethal injection even though he has been subjected to scientifically-recognised tests that show him to be intellectually disabled or "mentally retarded" as the US legal system still calls the condition.

In 2002, the US supreme court banned executions for all such prisoners under the Eighth Amendment of the constitution that prohibits excessive punishment. The 2002 ban, in Atkins v Virginia, is categorical: individuals with mental retardation cannot be put to death. The court allowed some discretion on the part of individual states to devise procedures for administering the injunction, but no right to ignore it.

Texas took that discretion to mean wrongly in the view of many lawyers and mental health experts that it could set its own definition of retardation.

Instead of a clinical or scientific approach, based on widely recognized tests set out by the American Association on Intellectual and Developmental Disabilities, Texas decided to go its own way.

It came up with a set of seven criteria, known as "Briseno factors" after the decision that announced them, to determine which prisoners with learning difficulties should live and which should die.

Rick Perry should be accused in International Courts as a Murderer if this goes through DISGUSTING!

Here is a link that might be useful: Criminal Solutions

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littleonefb(zone 5, MA)

Leave it to Texas to find a way to circumvent SCOTUS in the name of justice and executing an inmate illegally.

Texas is proud of the number of inmates put to death, doesn't matter if Texas ignores SCOTUS, what matters is adding another notch in the belt of macho men and showing "whose the boss", we set our own laws down here in Texas.

Rick Perry, unfortunately, will no doubt get away with this and the people of Texas, the majority of them, will "hail the governor for sticking to his guns and going ahead with the ultimate punishment.

Down in the bible belt, an eye for an eye.

A civilized country, supposedly that sanctions legalized murder, now how pathetic can it get?

    Bookmark   August 6, 2012 at 12:27AM
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I'm against the death penalty, but I am curious: what did this guy do?

    Bookmark   August 6, 2012 at 12:44AM
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littleonefb(zone 5, MA)

Marvin Wilson was put on death row for the 1992 murder of a police drug informant in Beaumont, Texas. The circumstances of the crime had all elements that make death sentences for people with learning difficulties problematic: Wilson was one of two perpetrators, leaving him vulnerable to his more sophisticated accomplice, and the main witness against him was that accomplice's wife who claimed she heard him confess to pulling the trigger.

Read the link, the info is there in detail

    Bookmark   August 6, 2012 at 1:01AM
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Talk about having to spoonfeed everything.


Rick Perry should be accused in International Courts as a Murderer if this goes through DISGUSTING!

Execution day is set for 08-07-2012. Today.

Beyond disgusting.

I couldn't find anything (yet) about what happened to the accomplice, one Andrew Lewis. Whose wife was the main witness, no less.

    Bookmark   August 7, 2012 at 6:03AM
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Expected to see this thread filled with "pro lifers", go figure.

    Bookmark   August 7, 2012 at 6:31AM
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I'm fully against the death penalty.

But isn't the level, he knows right from wrong, not intellect? Maybe the law should change.

    Bookmark   August 7, 2012 at 8:24AM
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I am also against the death penalty. It matters not the mental capacity.

    Bookmark   August 7, 2012 at 8:37AM
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Marvin Wilson is dead.

    Bookmark   August 8, 2012 at 4:41AM
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