Saturday, November 5, 2011

Justice Stevens Most Important Cases

I chose the Court Case Atkins vs. Virginia
Facts:

  1. Justice Stevens wrote the 6-3 landmark ruling that executing mentally retarded defendants violated the Eighth Amendment’s prohibition against cruel and
    unusual punishment.
  2. Daryl Renard Atkins was convicted of abduction, armed robbery, and capital murder.
  3. In the penalty phase of Atkins' trial, the defense relied on one witness, a forensic psychologist, who testified that Atkins was mildly mentally retarded.
  4. The jury sentenced Atkins to death, but the Virginia Supreme Court ordered a second sentencing hearing because the trial court had used a misleading verdict form
  5.  During resentencing the same forensic psychologist testified, but this time the State rebutted Atkins' intelligence. The jury again sentenced Atkins to death.
  6. In affirming, the Virginia Supreme Court relied on Penry v. Lynaugh, in rejecting Atkins' contention that he could not be sentenced to death because he is mentally retarded.
Questions:
  1. Who would put a mentally challenged person in the position to commit a crime?
  2. How did Justice Stevens come to the decision that this was under the 8th amendment?
  3. Should certain groups be exempt from the death penalty?
  4. Should there be an amendment or a new clause be added to restrict the execution of mentally challenged people?

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