In 2002 the United States Supreme Court held that executing the mentally retarded violates the Eighth Amendment prohibition on cruel and unusual punishment. In theory, the Supreme Court's decision means that no mentally retarded defendant will ever again face execution. However, the Court left it to the states and to juries to decide who is mentally retarded. Prejudices shared by judges, prosecutors, jurors and even some forensic experts may mean that retarded defendants who do not fit common stereotypes about mental retardation may still be subjected to capital punishment, making administration of the death penalty more arbitrary and capricious than before. Copyright 2008 American Journal of Forensic Psychology.
