ATKINS V. VIRGINIA
Mr. Noel
Ciyanna Clark
December 4, 2014
KEY PEOPLE
• Daryl Atkins (D)
• Eric Nesbitt (P)
• Justice Stevens
• Justice Scalia
• William Jones
• Dr. Nelson
8TH AMENDMENT
• Ratified December 15, 1791
• Prohibits cruel and unusual punishment
• Excessive bail shall not be required, nor excessive fines
imposed
• Does not define cruel and unusual
ISSUE OF LAW
• Under the 8th amendment can a person
that is mentally disabled be sentenced
to death?
• Found unconstitutional
BACKGROUND
• Atkins and Jones were smoking and drinking
• Went to the store
• Met Eric Nesbitt
• Robbed Nesbitt
• Shot him 8 times
BACKGROUND
•
Stories did not match
•
Jones got off
•
Atkins put on trial
•
Dr. Nelson was vital
•
Second sentencing
MAJORITY DECISION
•
Delivered by Justice Stevens
•
Criminals have to be tried and punished
•
Mentally disabled people so not act on same level
•
Penry v. Lynaugh (1989)
DISSENT OPINION
• Justice Scalia
• No ground in 8th amendment
• No ground in attitudes towards death
IMPACT
• Mandatory Evaluation
• Mentally disabled given death penalty
• State’s decision
WORKS CITED
•"Amendment VIII - Excessive Fines, Cruel and Unusual Punishment." National Constitution Center –
Constitutioncenter.org. Accessed November 20, 2014.
•“Atkins v. Virginia | Casebriefs.” Casebriefs. Accessed November 6, 2014.
•“ATKINS v. VIRGINIA.” LII / Legal Information Institute. June 20, 2002. Accessed November 6, 2014.
•Bennet, William. "IQ Classifications." RSS. June 10, 2014. Accessed November 20, 2014.
•“Daryl Renard Atkins- Mental Retardation- the International Justice Project.” Daryl Renard Atkins- Mental
Retardation- the International Justice Project. Accessed November 6, 2014.
•
•“Judicial Activism.” The Heritage Foundation. Accessed November 6, 2014. McGrew, Kevin. “International
Competence & the Death Penalty: Atkins v. Virginia: US Supreme Court Original Decision.” Intellectual
Competence & the Death Penalty. May 14, 2009. Accessed November 6, 2014.
http://www.atkinsmrdeathpenalty.com/2009/05/atkins-v-virginia-us-supreme-court.html.
•
•“Part I: History of the Death Penalty.” DPIC. Accessed November 18, 2014.
http://www.deathpenaltyinfo.org/part-i-history-death-penalty#intro.
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