This paper responds to a court brief of amici curiae asserting that mental retardation reduces culpability in capital offenses. The paper argues that the position makes unwarranted categorical assumptions about mental retardation, fails to consider individualized and situation-specific determinants of culpability, and undermines respect and value…

Four responses and a rebuttal are presented to EC 603 716, focusing on "protections" from the state for individuals with mental retardation, the vulnerability of individuals with mental retardation, the need to take individual abilities into account, and the unusual uncertainty in determining the justice of the verdict imposing the death penalty.…