Let me say right off the bat that I’m opposed to capital punishment. Always have been and probably always will be. I’ve never believed the ‘eye for an eye’ concept as any kind of good public policy, but more on that in future posts. A Texas man convicted in the shooting death of a 21-year-old man in 1992 was executed Tuesday in Huntsville. Marvin Wilson was pronounced dead at 6:27 p.m. (7:27 p.m. ET) on August 7, 2012.
Here’s the thing. Wilson's IQ had been measured in testing at 61. Wilson, 54, had been declared "intellectually disabled" by a court-appointed neuropsychologist. "Despite all the signs of Mr. Wilson's intellectual disabilities and the diagnosis of the court-appointed neuropsychologist, the District Court of Jefferson County (Texas) concluded that Mr. Wilson is not mentally retarded," according to a posting by the ACLU, with "not" italicized for emphasis.
Wilson was convicted in the shooting death of Jerry Robert Williams in Beaumont, Texas. According to the Texas Department of Criminal Justice, Williams was abducted and shot after a "physical confrontation" between the two men. Obviously, Wilson needed to be held accountable for his actions and that could have been done in a much more humane way than death by lethal injection.
Now I haven’t seen the court records or its final determination in this case but it sure sounds like the court may not have understood that the older term “mentally retarded” is in fact included in the newer terminology of intellectual disability as defined by the federal government. I don’t know if it is the case but what a shame if a man was executed because a court didn’t understand the definition of an intellectual disability.
The Supreme Court ruled a number of years ago that executing individuals with an intellectual disability is unconstitutional. The problem is that in that ruling the Court left it to the individual states in determining the level of disability. Ergo, Marvin Wilson’s problem - Texas and it’s definition/determination.
What really amazes me is the deafening silence from groups that present themselves as advocates for people with intellectual and other developmental disabilities - The Arc and NYSARC are examples but there are others. These organizations have a bully pulpit of sorts and are in a position to educate the general public, politicians, lawyers and other advocates and professionals.
The United States is in the minority when it comes to capitol punishment in general. We should certainly be able to make clear determinations about the execution of people with intellectual disabilities. This decision by the Texas Court was a slap in the face to the Supreme Court. The Supreme Court turned down Wilson’s appeal, so they took the slap. Within the same week, the individual who killed and wounded people in Arizona copped a plea and got life in prison. Strange and sad that Marvin Wilson didn’t have a chance.
Here’s the thing. Wilson's IQ had been measured in testing at 61. Wilson, 54, had been declared "intellectually disabled" by a court-appointed neuropsychologist. "Despite all the signs of Mr. Wilson's intellectual disabilities and the diagnosis of the court-appointed neuropsychologist, the District Court of Jefferson County (Texas) concluded that Mr. Wilson is not mentally retarded," according to a posting by the ACLU, with "not" italicized for emphasis.
Wilson was convicted in the shooting death of Jerry Robert Williams in Beaumont, Texas. According to the Texas Department of Criminal Justice, Williams was abducted and shot after a "physical confrontation" between the two men. Obviously, Wilson needed to be held accountable for his actions and that could have been done in a much more humane way than death by lethal injection.
Now I haven’t seen the court records or its final determination in this case but it sure sounds like the court may not have understood that the older term “mentally retarded” is in fact included in the newer terminology of intellectual disability as defined by the federal government. I don’t know if it is the case but what a shame if a man was executed because a court didn’t understand the definition of an intellectual disability.
The Supreme Court ruled a number of years ago that executing individuals with an intellectual disability is unconstitutional. The problem is that in that ruling the Court left it to the individual states in determining the level of disability. Ergo, Marvin Wilson’s problem - Texas and it’s definition/determination.
What really amazes me is the deafening silence from groups that present themselves as advocates for people with intellectual and other developmental disabilities - The Arc and NYSARC are examples but there are others. These organizations have a bully pulpit of sorts and are in a position to educate the general public, politicians, lawyers and other advocates and professionals.
The United States is in the minority when it comes to capitol punishment in general. We should certainly be able to make clear determinations about the execution of people with intellectual disabilities. This decision by the Texas Court was a slap in the face to the Supreme Court. The Supreme Court turned down Wilson’s appeal, so they took the slap. Within the same week, the individual who killed and wounded people in Arizona copped a plea and got life in prison. Strange and sad that Marvin Wilson didn’t have a chance.
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