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Before Penry V

Question 1

Multiple Choice

Before Penry v. Lynaugh's (1989) Supreme Court case was overturned in 2002, what did the court state about mentally retarded individuals?


A) That mental retardation is an issue that should only be examined as a mitigating factor
B) That mental retardation does not exclude someone to being sentenced to death
C) That mental retardation could automatically exclude someone from facing the death penalty
D) That mental retardation was an issue to be raised as a mitigating factor but should not automatically exclude someone from receiving the death penalty

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