Research a crime where the defendant's capacity to commit the crime is an issue Defendants with mental retardation

        In the process of promoting fairness and equality for criminals, there are legal rules relating to the competence of defendants with mental retardation to help in their defense.

The person who is mentally retarded and his or her mental condition is not able to understand anything like any object of the procedure against him so to help in analyzing his defense cannot be subjected to trial and defense attorney must have clinical evaluation along with him or his as proof all these perspectives is noticed in 1975 in supreme court.

The other of this act states that whenever there is accurate doubt arises related to the competence of the defendant the judge can hold a hearing that is his obligation in any case if the defense requested or not. The obligations can be arises at every stage of proceedings. Defendant can be live in supervision of law to sure that he or she is mentally retarded or not? Two problems must be analyzed very deeply first is adequate protection must be provided to the interest of defendants who are mentally retarded second one is related to latent ambiguity which is designed to raised unsolved question related to the legal significance in some cases of mental retardation (Bonnie).

 Example of Research a crime where the defendant's capacity to commit the crime is an issue

Pamela Carpenter was brutally raped, stabbed with scissors and beat and killed john Paul Penry in Texas state court in her home in Livingstone.  After consultation with a psychologist, it was proved that he was mild to moderately mentally retarded because at the age of 22 he can just understand knowledge just according to the child of class six. Penry shows pieces of evidence regards to its psychological problem in his defense which claims that he is suffering from a combination of organic damage of the brain and have moderate retardation present in their brain due to which there impulse control was so poor and he can't learn something from his or anybody experiences. According to the statement of Penry mother he can’t learn something from their school life and attain good grade in his studies and according to the statement of sister of Penry which states that his mother beat him with belt over the head consistently when he was a child and Penry was locked into the room without having toilet in the room for a long period of time. Penry was rusticated from the schools again and again in the last father removed him from the schools but he was just 12 years of his age. Their aunt tries too hard to teach Penry that he had to write his name but he can't do so. Except for all these two psychiatrists from a well-reputed hospital provides evidence that he is mentally retarded and he has antisocial personality and he is also legally sane so due to all these circumstances juries found him guilty. (Freckelton, 2016)

 Conclusion of Research a crime where the defendant's capacity to commit the crime is an issue

 So after study all these aspects it is concluded that mentally retarded criminals are the criminals where the defendant capacity to commit the crime is an issue because they are not fully aware of what they are doing but jury can find them guilty if there are proper evidences are available with the consultations of psychiatrists and history of the criminal.

References of Research a crime where the defendant's capacity to commit the crime is an issue

Bonnie, R. J. (n.d.). The Competence of Criminal Defendants with. Journal of Criminal Law and Criminology, 81(3 ).

Freckelton, I. (2016). Offenders with Intellectual and Developmental Disabilities: Sentencing Challenges after the Abolition of Execution in the United States. 321-335.