Court Rules Defendants Must Prove Retardation to Avoid Death Penalty

The New Jersey Supreme Court has ruled that it is now up to the defendants in a criminal case to prove they are mentally unfit to be executed in order to escape a death sentence.

This ruling shifts the burden of proof away from prosecutors, who were once responsible for proving that the mental health of a defendant was well enough to seek the death penalty.

According to the majority of justices in the high court, claiming mental retardation is adjacent to claiming insanity, which under current state law is considered “affirmative defense” and must be proven by the defendant.

“If someone is claiming a certain fact to be true, it should be up to them to prove it,” said Deputy Attorney General Paul Heinzel.

In Opposition of the Ruling

Several of the high court justices were against the decision arguing that it would increase the odds of wrongly executing a defendant that is mentally retarded.

The ruling stemmed from the criminal case of a New Jersey prisoner who was convicted of sexually assaulting a 10-year-old boy prior to killing him in 2001. Defense lawyers argued that their client was mentally retarded and had an IQ of 68.

Public defender Susan Remis Silver was extremely disappointed by the outcome of the ruling. “Our client’s life hangs in the balance and this decision widens the margin of error that a mentally retarded defendant will be executed in New Jersey,” she said.

Constitution Prohibits Cruel and Unusual Punishment

The U.S. Supreme Court in 2002 ruled that executing criminals who are mentally retarded is a violation of the Constitution’s bar on cruel and unusual punishment. However, the high court left it up to each individual state to determine where the prosecution or defense would carry the burden of proving a defendant’s mental health.

So far 28 states have decided—either though legislation or courts—that the burden of proving reduced mental capacity should fall on the defendant. Twelve states prohibit the death penalty.

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