criminal defendants would no longer be forced to seek pre-trial testing...
criminal defendants would no longer be forced to seek pre-trial testing if they later want to plead mental retardation to escape the death penalty, under a bill passed by the Florida House this morning.
criminal defendants would no longer be forced to seek pre-trial testing if they later want to plead mental retardation to escape the death penalty, under a bill passed by the Florida House this morning.
The bill, HB7205, sponsored by Rep. Dick Kravitz, R-Jacksonville, reverses a 2004 state Supreme Court rule that requires a hearing on a defendant's mental capacity before trial.
Democrats stood in opposition, contending that mentally retarded inviduals ought not be tried for the death penalty in the first place.
There are 962 capital defendants in Florida, about 1/3 of whom have raised mental impairment as a defense.
Rep. Jack Seiler, D-Wilton Manors, argued that putting an individual on trial who later proves to be mentally retarded causes undue burden on family members of murder victims, and unnecessary cost on the state.
"We go through this process and it makes no sense," Seiler said. "Why would we incur these costs if we don't have to?"
The bill, HB7205, sponsored by Rep. Dick Kravitz, R-Jacksonville, reverses a 2004 state Supreme Court rule that requires a hearing on a defendant's mental capacity before trial.
Democrats stood in opposition, contending that mentally retarded inviduals ought not be tried for the death penalty in the first place.
There are 962 capital defendants in Florida, about 1/3 of whom have raised mental impairment as a defense.
Rep. Jack Seiler, D-Wilton Manors, argued that putting an individual on trial who later proves to be mentally retarded causes undue burden on family members of murder victims, and unnecessary cost on the state.
"We go through this process and it makes no sense," Seiler said. "Why would we incur these costs if we don't have to?"
— SOURCES
- (Sources: The News-Press, 24/04/2006)