Atkins v. Virginia


Background:
  Daryl Renard Atkins was found guilty of many crimes including armed robbery and capital murder. During the sentencing phase of his trial, the defending side used a Doctor that testified and said that Atkins was mildly mentally retarded. The jury found him guilty but the Virginia supreme court issued a second hearing and again he was sentenced to death.

Question:
  Are the mentally retarded allowed to be executed under the curel and unusual punishment clause in the Eighth Amendment?

Decision:
  In a 6 v. 3 decision the Supreme Court ruled that the death penalty could not be applied on the mentally handicapped.
  M:Stevens, O'Connor,Kennedy, Souter, Ginsburg, Breyer
  D: Rehnquist and Scalia Thomas joins both




Opinion:

  Due to the numerous factors regarded the culpability of the mentally handicapped, i totally agree with the decisions of the Supreme Court. The evolving standards idea must be applied here because we know so much more about the brain and how the mentally handicapped cannot think as clear as a normal person can. Also not many states executed mentally handicapped. From the case of Furman V. Georgia we obtain 4 questions to ask ourselves, to answer if a punishment is cruel or unusual. When answering these questions one can see that it is cruel and unusual. '