Here's an example of what I've been talking about.
I'll spare you the details, but John Couey is found guilty of kidnapping, raping, then burying alive, 9 year old Jessica Lunsford. Here's the part relevant to our disussion: defense attoneys said Couey could not be executed because he was mentally retarded-- his IQ was tested by the defense at 64. (They even let him color with crayons during trial.)
But, and I'm quoting:
Circuit Judge Ric Howard in Citrus County ruled that the most credible intelligence exam rated Couey's IQ at 78, slightly above the 70 level generally considered retarded.
That's it, people. 8 points. We may not agree whether the death penalty is good or bad, but can we at least agree that decisions of life or death shouldn't come down to, well, how stupid you are?