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Friends Committee on Legislation of California

The following letter is drafted for delivery the Governor regarding AB 557:

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FRIENDS COMMITTEE ON LEGISLATION
926 J Street, Sacramento, CA 95814

August 29, 2001

Gray Davis, Governor
State of California
State Capitol
Sacramento, CA 95814

Re: AB 557 (Aroner) Support

Dear Governor:

The Friends Committee on Legislation supports Assembly Bill 557, by Assembly Member Aroner, which prevents the execution of people who are mentally retarded. The United States Supreme Court has ruled that capital punishment should not be applied to individuals who suffer from retardation. It is now important for California to establish uniform statewide procedures to carry out the court's decision.

The Supreme Court reasoned that "because of their disabilities in areas of reasoning, judgment, and control of their impulses" people who are mentally retarded "do not act with the level of moral culpability that characterizes the most serious adult criminal conduct. Moreover, their impairments can jeopardize the reliability and fairness of capital proceedings against mentally retarded defendants." California should promptly implement this ruling. AB 557 would provide trial courts with guidance in making decisions about individual cases in which the court's ruling may apply. It calls for imposition of a sentence of life imprisonment without the possibility of parole when a mentally retarded person is convicted of a first-degree murder with "special circumstances."

For the foregoing reasons, we urge you to sign AB 577, should it reach your desk.

Yours very truly,

STEVE BIRDLEBOUGH

cc: Dion Aroner, member of the Assembly

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Friends Committee on Legislation


Background on AB 577 (Aroner) - August 29, 2002
EXECUTION OF THE MENTALLY RETARDED

AB 557 (Dion Aroner, D., Berkeley) prohibits execution of any mentally retarded person.

The Problem: People who suffer mental retardation often "confess" to things they did not do. Many can be manipulated by cohorts and police. They may not fully comprehend the gravity of what they have done wrong and lack the ability to focus on their own defense in court, especially when subjected to cross-examination. Their understanding of death can be quite limited.

Background Experts estimate that more than 200 mentally retarded (often defined as having I.Q. scores of less than 70) are currently on death rows in the United States.

The United States Supreme Court has ruled that execution of the mentally retarded constitutes "cruel and unusual punishment" under the evolving standard of justice in the nation as a whole.

FCL holds that no one, including the State, has the right to take human life. Particularly in the case of people who are mentally retarded, the death penalty cannot be said to deter or prevent crime; it is unfairly applied, judicial mistakes are more likely, and it violates international standards of justice. Further, a criminal trial, particularly a capital prosecution does not provide a just forum for someone who has limited mental capabilities. The defendant may not be able to assist counsel in evaluating important testimony, and the jury may misinterpret gestures, smiles, and other behavior of the mentally retarded person.

Talking Points:

  • Mental retardation cannot be faked, and in California the condition is routinely identified during a child's school years. This bill would reduce the need for expensive expert testimony and jury deliberation in most capital cases where the accused is mentally retarded.
  • Surveys consistently show that more than 70% of American people-—including many who support the death penalty-—believe it is wrong to subject those with mental retardation to the ultimate state- sanctioned punishment.
  • People with mental retardation present a carefully cultivated facade of competence that serves them well in ordinary social situations, but undermines their ability to deal with the legal system. They cannot make informed decisions whether to consent to searches, or whether to answer police questions. Many relinquish critical rights simply because they cannot understand what it means to have a "right" or what it means to waive a right.
  • In 1999 and 2000, the U.N. Commission on Human Rights adopted resolutions urging nations with the death penalty not to impose it "on a person suffering from any form of mental disorder," a term that includes both the mentally ill and people with mental retardation.

    For further information:

  • Death Penalty Information Center"
  • Human Rights Watch.

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