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11/06/01
President Says the Retarded Should Never
Be Executed
By RAYMOND BONNER
WASHINGTON,
- As he prepared
to leave for Europe, President Bush said today that an individual
who is mentally retarded should not be executed, addressing an
issue that has sparked sharp criticism overseas. But an aide said
the comment did not represent a shift in Mr. Bush's position
The
statement sowed confusion among opponents of the death penalty,
who originally saw it as reflecting a significant change in the
president's view
Mr.
Bush's remarks came in a discussion with European reporters here
before his departure on a trip in which he is expected to
encounter protesters against capital punishment. He was asked his
reaction to the nine retired American diplomats who said in a
brief filed last week with the Supreme Court that the execution of
the mentally retarded tarnished the United States' image abroad
and interfered with the conduct of foreign policy
"We should never execute anybody who is mentally retarded,"
President Bush said, according to a transcript of the remarks
provided by the White House. He went on, "And our court
system protects people who don't understand the nature of the
crime they've committed nor the punishment they are about to
receive." Harold
Koh, the lawyer who wrote the brief for the diplomats, said he was
encouraged by Mr. Bush's statement that the mentally retarded
should not be executed
"I think the president should move to make this the
policy of his administration, and encourage governors, including
in Texas, to sign bills banning the execution of people with
mental retardation," Mr. Koh said
The
Texas Legislature has passed such a bill, and it is awaiting
action by the governor, Rick Perry. Supporters of the legislation
say Texas has executed six mentally retarded defendants since 1976
When
Mr. Bush was governor of Texas, he opposed legislation to bar
executions of the mentally retarded and he maintained that
position during his campaign for president
A
White House spokeswoman, Claire Buchan, said the president's
remarks today did not reflect a change in his views. "This is
not a change of policy," Ms. Buchan said. "He's talking
about the standards they had in Texas." The confusion appears to arise over the standards for when a
defendant is mentally retarded and the standards for whether the
defendant is competent to stand trial and knows right from wrong
and therefore can be found guilty for his actions. Jurors are
instructed that if they determine that a defendant did not know
right from wrong, they should find him not guilty by reason of
insanity
But
a person can know right from wrong and still be mentally retarded.
Generally speaking, a person is considered retarded if he has an
I.Q. below 70
More
than a dozen states that have the death penalty bar execution of
the mentally retarded. This means that even after a defendant has
been found competent to stand trial, and that he understood the
nature of his crime, he may not be executed
In
Florida, Gov. Jeb Bush has said he will not sign the death warrant
for a retarded death-row inmate
Mr.
Koh said Mr. Bush's remarks suggested that he did not understand
the standards for determining whether a person was competent to
stand trial or was mentally retarded
"He's trying to convey the impression that he cares about
the mentally retarded, while he's adopted the posture which allows
the mentally retarded to be executed," Mr. Koh said
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