Indeed, its conclusion that executing mentally retarded offenders now is cruel and unusual punishment directly contradicts a decision it issued only 13 years ago.

Hortham was an "open" colony which specialised in training mentally retarded offenders for resettlement in the community.

That was the debate on the Supreme Court that a 6-to-3 majority resolved by declaring that the country has turned against executing mentally retarded offenders.

The Atkins decision also focused on the relative culpability of mentally retarded offenders.

The decision reinforced federal statutes already barring the execution of mentally retarded offenders and, to Mr. Kindlon's mind, further bolstered his arguments.

The Court noted that "within the world community, the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved."

The parties have not called our attention to any state legislative consideration of the suitability of imposing the death penalty on mentally retarded offenders prior to 1986.

Moreover, even in those states that allow the execution of mentally retarded offenders, the practice is uncommon.

Instead, it adverts to the fact that other countries have disapproved imposition of the death penalty for crimes committed by mentally retarded offenders.

We are one of the few countries in the world that puts to death both the mentally retarded and juvenile offenders.