Health and medical institution have defined mental retardation as the brain development disability. It is the intellectual functioning level of a person that is below average and has significant limitations on decision making. Therefore, a person with a mental retardation should not face the same conviction and penalties as normal individuals. The Texas judicial system should apply the clinical practice’s standards when placing the intellectual impairment of the defendant. The United States, after the Supreme Court restored the death penalty since 1976 the state of Texas is responsible for over a third of executions in the state. Nevertheless, Moore v. Texas care required grudging and unique access because it screamed for a crime committed
…show more content…
This will help identify the legal responsibility in cases that involves people with a mental disability. (Slobogin) Therefore, Moore v. Texas case must be addressed when such a person gives a criminal offense may cause an insufficient psychological maturity. Clinical approaches have established different categories of a mental disability and individuals with an IQ below 70 to 75 percent are counted to be mentally retarded. Comparing Moore v Texas with Atkins v. Virginia, the court would be violating the constitution if they do not consider the medical standards on Medical retardation (Slobogin). With that being said Moore should be exempted from the death penalty due to his low IQ. With Moore’s history, they should claim into consideration his troubled childhood, and his IQ score being below normal putting him in the category being mentally challenged. Throughout medical and his elementary school academics, he was unsuccessful grasping onto his academic subjects, he was unable to score beyond average in high school beyond 9th level. With his history, they should sit and think about how his condition might have influenced his criminal intent. Which would free him from the death punishment. The court must develop its measures of mental intelligence before deciding on the
This will help identify the legal responsibility in cases that involves people with a mental disability. (Slobogin) Therefore, Moore v. Texas case must be addressed when such a person gives a criminal offense may cause an insufficient psychological maturity. Clinical approaches have established different categories of a mental disability and individuals with an IQ below 70 to 75 percent are counted to be mentally retarded. Comparing Moore v Texas with Atkins v. Virginia, the court would be violating the constitution if they do not consider the medical standards on Medical retardation (Slobogin). With that being said Moore should be exempted from the death penalty due to his low IQ. With Moore’s history, they should claim into consideration his troubled childhood, and his IQ score being below normal putting him in the category being mentally challenged. Throughout medical and his elementary school academics, he was unsuccessful grasping onto his academic subjects, he was unable to score beyond average in high school beyond 9th level. With his history, they should sit and think about how his condition might have influenced his criminal intent. Which would free him from the death punishment. The court must develop its measures of mental intelligence before deciding on the