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Roper Opinion Analysis

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The Roper opinion drew upon a 2002 decision by the Court holding that the execution of persons with mental retardation is unconstitutional: in both decisions, the Court reasoned that these special groups of offenders are less culpable than adult offenders with no intellectual impairment who committed the same crimes. The Court also examined the number of state legislatures that did and did not authorize the punishment of death for persons under 18; it found that a substantial number of death-penalty states had recently acted to exempt juveniles from capital punishment, and it viewed this movement as evidence of an “emerging national consensus” against the execution of juvenile offenders. As a result of the Roper decision, 72 individuals on

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