Facts:
- Justice Stevens wrote the 6-3 landmark ruling that executing mentally retarded defendants violated the Eighth Amendment’s prohibition against cruel and
unusual punishment. - Daryl Renard Atkins was convicted of abduction, armed robbery, and capital murder.
- In the penalty phase of Atkins' trial, the defense relied on one witness, a forensic psychologist, who testified that Atkins was mildly mentally retarded.
- 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
- During resentencing the same forensic psychologist testified, but this time the State rebutted Atkins' intelligence. The jury again sentenced Atkins to death.
- 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:
- Who would put a mentally challenged person in the position to commit a crime?
- How did Justice Stevens come to the decision that this was under the 8th amendment?
- Should certain groups be exempt from the death penalty?
- Should there be an amendment or a new clause be added to restrict the execution of mentally challenged people?
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