Capital Punishment Atkins v死刑阿特金斯V. Virginia Roper v. Simmons.ppt

Capital PunishmentAtkins v. VirginiaRoper v. Simmons Elizabeth Howell 3/6/06 Atkins v. Virginia (2002) Background: Atkins was sentenced to death for capital murder. The Virginia Supreme Court upheld the death sentence, rejecting the argument that he should not be sentenced to death due to his mental retardation. Issue: Is execution of mentally retarded criminals “cruel and unusual punishment” prohibited by the Eighth Amendment? Is the punishment excessive (i.e. not proportional to the offense)? Look to evolving standards of decency (Trop v. Dulles): Is there national consensus against MR DP? Objective factors: Legislative developments Sentencing trends Court’s own judgment (Coker v. Georgia) Held: Execution of mentally retarded criminals is unconstitutional in light of the 8th Amendment prohibition on “cruel and unusual punishment.” Overruled Penry v. Lynaugh, 1989 The States Many ways to count states’ legislation: Stevens Majority: 18 states and the Fed prohibit MR DP 3 states almost prohibited MR DP “It is not so much the number of these States that is significant, but the consistency of the direction of that change.” Rehnquist Dissent: 18 states limit DP based on MR “19 other states besides Virginia” leave MR DP to be decided by judge/jury Scalia Dissent: 18 of 38 DP states prohibit MR DP, but only 7 prohibit all executions (i.e. applying to crimes and sentences pre-legislation) The Opinion Polls – Footnote 21 FN 21: “[P]olling data shows a widespread consensus among Americans…that executing the mentally retarded is wrong.” This claim was based on 27 public opinions polls. A “random sample” of the questions: “Mentally retarded defendants should be given the death penalty when they commit capital crimes.” (CA, 1997) 74% disagree 17% agree 9% no opinion “Would you vote for the death penalty if the convicted person is mentally retarded?” (LA, 1993) 77.7% no 9.2% yes 13% uncertain “Should the Carolinas ban the execution of people with me