Berkowitz wasn't given the death pentalty because at the time, NY had no death penalty option. 6 consecutive life sentences was the max he could be sentenced with.
But if there had been, he could still have been sentenced to it metally deficient or not. If the defendant recognizes he did something wrong, that's all it takes. He stated to the officers that he wondered why they hadn't caught him sooner. He was also able to participate in his own defence, and he was able to appreciate that he did something wrong. Yes, he's batcrap crazy, but in most cases, batcrap crazy doesn't keep you out of the sizzle chair. But in his case it didn't matter because NY had no death penalty.
Edited by MissMelsWell, 04 October 2012 - 07:03 AM.