By: Nicholas DeJarnette



Title of the case: Atkins v. Virginia 536 U.S.
304 (2002)
Plaintiff: Daryl Renard Atkins
Defendant: The Commonwealth of Virginia
http://news.bbc.co.uk/2/hi/americas/4716225.stm



August 16,1996
Daryl Atkins and a friend, William Jones,
abducted 21 year old Eric Nesbitt.
The two men stole $60 from his wallet and
drove him to an ATM to withdraw another
$200.
http://www.prodeathpenalty.com/pending/05/dec05.htm






The Atkins and Jones then took Nesbitt to a
private location.
Eric Nesbitt was then shot eight times.
The two men were arrested and charged with
first degree murder.
The York County Circuit Court heard the case
and found both men guilty.
Atkins tired to convince the court that he was
mentally retarded.
Daryl Atkins was sentenced to death.


Atkins appealed the case to the Court of
Appeals on the grounds that because he was
mentally retarded he cannot be sentenced to
death.
He stated this violated his Eighth
Amendment rights which prevents cruel and
unusual punishment.


In a 5-4 majority, the court affirmed the
decision of the lower court citing Penry v.
Lynaugh 492 U.S. 302 (1989).
In this case a man with the mental capacity of
a seven year old was convicted and sentenced
to death for murder.


The Supreme Court granted certiorari due to
the gravity of the dissenters.
Those who wrote a dissenting opinion argued
well enough to convince the supreme court to
hear the case.



In a 6-3 majority, the court overturned the
decision saying that the execution of
mentally retarded is a violation of the Eighth
Amendment.
Majority Side: Justice Steven, O’Connor,
Kennedy, Souter, Ginsburg, and Breyer
Dissention side: Chief Justice Rehnquist,
Justice Scalia and Thomas


Stevens wrote the majority opinion.
Rehnquist and Scalia wrote separate
dissenting opinions
http://content.time.com/time/photogallery/0,29307,1979095,00.html


Because his decision overturned a previous
decision made by the Supreme Court, it
shows that American ideals are changing and
the court must keep up with the change.
Justice Stevens stated, “Standards of
decency are evolving which marks the
progress of a maturing society.”







"Atkins v. Virginia, 536 U.S. 304 (2002)." Atkins v. Virginia,
536 U.S. 304 (2002). Web. 19 Nov. 2013.
"Atkins v. Virginia." Atkins V Virginia. Web. 19 Nov. 2013.
"Atkins v. Virginia." Atkins v. Virginia. Web. 19 Nov. 2013.
"Atkins v. Virginia." TheFreeDictionary.com. Web. 19 Nov.
2013.
ATKINS v. VIRGINIA. The Oyez Project at IIT Chicago-Kent
College of Law. 19 November 2013.
"PENRY v. LYNAUGH." Penry v. Lynaugh. Web. 19 Nov.
2013.
Scott, Charles L., MD, and Joan B. Gerbasi, MD, JD. "Atkins
v. Virginia: Execution of Mentally Retarded Defendants
Revisited." ANALYSIS AND COMMENTARY 31 (2003):
2003. Web. 19 Nov. 2013.



http://news.bbc.co.uk/2/hi/americas/4716225.stm
http://www.prodeathpenalty.com/pending/05/dec05.htm
http://content.time.com/time/photogallery/0,29307,1979095
,00.html\