THE UNITED STATES OF AMERICA in 1989 when it ruled that the Eighth Amendment did not prohibit the death penalty for crimes committed by persons aged 16 or 17.126 Four U.S. Supreme Court justices are on record as opposing the execution of juveniles, stating that the execution of people for crimes committed when they were under 18 years old is “a relic of the past and is inconsistent with evolving standards of decency in a civilized society. We should put an end to this shameful practice.”127 Persons suffering from any form of mental disorder The US Supreme Court has ruled that the execution of an insane person – somebody who is not aware of the impending execution or the reasons therefor – violates the US Constitution.128 Furthermore, the US Supreme Court has also ruled that the execution of a mentally retarded person violates the US Constitution.129 The American Association of Mental Retardation defines mental retardation as substantial intellectual impairment appearing at birth or during childhood that impacts on the everyday life of the individual, although the exact definition of mental retardation differs from state to state. However, there is no constitutional bar against the execution of persons who are mentally ill but are not classified as “insane”. Kelsey Patterson was executed in Texas on 18 May 2004 for a double murder. He suffered from paranoid schizophrenia, which he was first diagnosed with in 1981, the symptoms of which include hallucinations, delusions, and confused thinking. The trial proceedings were marked by his delusional ramblings, including statements about electronic devices that he was convinced had been implanted in him. In March 2004, the United States Court of Appeals held that Kelsey Patterson was aware of and understood the reasons for his imminent execution, and accordingly denied the request to stay the execution.130 The Texas Board of Pardons and Paroles recommended that the execution be stopped and the death sentence be commuted to life imprisonment, but Governor Rick Perry allowed the execution to proceed. Charles Singleton was executed in Arkansas on 6 January 2004 for murder. He had been diagnosed as suffering from paranoid schizophrenia and had previ126 127 128 129 130 Stanford v. Kentucky, 492 U.S. 361 in 1989. Dissenting opinion on the refusal to consider whether the execution of a person who was under the age of 18 at the time of the crime would be unconstitutional, Re: Kevin Nigel Stanford, 537 U.S. (2002), 21 October 2002. Ford v. Wainwright, 477 U.S. 399 (1986). Atkins v. Virginia, 536 U.S. (2002). No.04-70019, United States Court of Appeals, Fifth Circuit, 17 May 2004. 41