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The High Court- that is the Supreme Court has ruled it would be considered ( Cruel and Unusual punishment) which is banned by the 8Th amendment to execute somebody who is demonstrably Mentally Retarded. Mental illness at the time of the crime is another angle. The defendant can, of course be incarcerated in prisons- and/or mental hospitals in both the retarded and mentally ill ( less firm ground to the Court) cases. That is why they have State Hospitals for the Criminaly Insane that are indistinguishable, security-wise from regular jails. the ACLU correctly classes them as Prison mental hospitals. Guards and physicians routinely carry firerarms on duty in these places and fire exits are padlocked, etc. tight as a drum for the Criminally Insane. Capital punishment, however, has been banned in the cases of Mentally retarded people who commit capital crimes ( for example shooting and kiling a Cop) That is how the High Court has ruled.

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