Embedded Player Guests: Nina Totenberg NPR Legal Affairs Correspondent Richard Moran Professor of Sociology and Criminolgy, Mount Holyoke University James Ellis Professor of Law, University of New Mexico School of Law Past President, American Association on Mental Retardation The case may serve to provide a standard of who can be executed. With more than 38 states and the federal judicial system upholding the death penalty, there's now a focus on who should be excepted from capital punishment. Is it cruel and unusual punishment to execute someone who may not understand the consequence of their actions? Join Juan William for a look at whether mentally retarded people should be exempted from the death penalty, next Talk of the Nation from NPR News.