Loren Gallimore. Background Daryl Renard Atkins, the plaintiff, went against the defendant, the state of Virginia, as he was convicted of abduction, robbery,

Slides:



Advertisements
Similar presentations
Supreme Court Summer Institute for Teachers
Advertisements

By: Nicholas DeJarnette
Gregg v. Georgia Tiffany Browne Karisa Myers 2 nd Hour.
NC Court System.
Introduction to Constitutional Law Unit 9. CJ140 – Introduction to Constitutional Law Unit 9: The Eighth Amendment CJ140.
By: Sarah “Sockittome” Sagastume Larry Dixon Cassidy Felts Daniel Hall.
BY: CHASTITY REYNOLDS ATKINS V. VIRGINIA (2002) 536 U.S. 304.
Daryl Atkins. In a landmark 6–3 ruling, the U.S. Supreme Court barred the execution of mentally retarded people, ruling that it constituted "cruel and.
By Bianca Kue Atkins v. Virginia. Background June 20 th 2002 Daryl Renard Atkins  Convicted of abduction, armed robbery, and capital murder  Forensic.
 General Deterrence To discourage the general community from committing crimes in the future  Specific Deterrence To discourage a particular offender.
The 8th Amendment By: William Parciak and Adam Samok.
Ford V. Wainwright (1986) By:Harschel Reyes & Michelle Singh.
Supreme Court Cases. Solem V. Helm Issue: Was Helm’s constitutional right of freedom from cruel and unusual punishment violated?
Mr. Noel Ciyanna Clark December 4, 2014 ATKINS V. VIRGINIA.
Objective 29L Analyze he rights of the accused as set forth in the 4 th,5 th,6 th,8 th, and 14 th Amendments, including but no limited to such cases as.
Our Court System Terms, procedures, and ideas you need to know.
The Court System Chapter 5.
C OUNTY C OURT. The County Court has original jurisdiction in criminal and civil matters. The court is also able to hear appeals from the Magistrates’
Death Penalty Debate: Resolved… The use of the death penalty, if fairly applied, does not violate the Constitution and is a just method of punishing perpetrators.
Bill of Rights 8 th, 9 th and 10 th Amendments. 8 th Amendment  “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual.
Atkins v. Virginia (2002) Chandler Vaughan. Case Outline Supreme Court Title: Atkins v. Virginia, 536 U.S. 304 (2002) Plaintiff: The Commonwealth of Virginia.
Death Penalty Comparing the death penalty in Georgia and the United States to the rest of the World.
Federal Courts There are two separate court systems in the United States: 1) Federal and 2) State *Most cases heard in court are heard in State courts.
The Judicial Branch of the Federal Government
Harmelin v. Michigan 1991 By Jessica Moorefield. What Happened? May 12, 1986  Two undercover policemen witnessed Ronald Allen Harmelin doing a U-turn.
Civil Liberties The 8 th Amendment Phil Egan, Tom Koegel, Angie Nalepa.
1. True 1. True 2. True 2. True 3. True 3. True 4. False 4. False 5. True 5. True 6. True 6. True 7. False 7. False 8. True 8. True 9. True 9. True 10.
 The United States has an adversarial court system. › This means that two opposing sides must argue their cases before a judge in order to find the truth.
Do you support the use of the Death Penalty? Is it a cruel form of punishment?
Civil Liberties/ Civil Rights Group Project Tim Shin/Aydin Pasebani/Derek Tam/Travis Sidle/Nishaant Pandita/John Dullaghan.
Can you answer the big questions? Grab a textbook off the shelf and lets find out.
Atkins v. Virginia Peter Diddy Period 6 Constitutional Law.
PUNISHMENT Chapter 20, Section 4 8 th Amendment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments.
  excessive bail shall not be required,  nor excessive fines imposed,  nor cruel and unusual punishments inflicted. The Text:
  excessive bail shall not be required,  nor excessive fines imposed,  nor cruel and unusual punishments inflicted. The Text:
Judicial Review The Supreme Court’s power to overturn any law that it decides is in conflict with the Constitution.
Eliseo Lugo III.  Prohibits cruel & unusual punishment.  Text of the Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor.
Check your answers. 1. Remand: To send a case back to a lower court for a retrial. 2. Brief: a summary of what an attorney plans to say before the Supreme.
Introduction to Constitutional Law Unit 9. CJ140-02A – Introduction to Constitutional Law Unit 8: The Sixth Amendment CJ140 – Class 9 Part 1.
Rights of the Accused.
Do you support the death penalty?
Chapter 20: Civil Liberties: Protecting Individual Rights Section 4
April 17, 2017 CNN Student News Review Questions Rights of the accused
Robert Crump and Diego Caballero
Organization of federal and state courts
NORTH CAROLINA COURTS.
Chapter 20: Civil Liberties: Protecting Individual Rights Section 4
By: Lindsey Haney and Jessica Cunningham
Chapter 20: Civil Liberties: Protecting Individual Rights Section 4
JUDICIAL BRANCH – CHARACTERISTICS OF COURTS
Judicial branch.
8th and 9th Amendment Cases
Death Penalty DBQ EQ: Does the death penalty violate our Constitutional protection from cruel and unusual punishment?
Judicial Branch.
Power and Jurisdiction of the Courts
Chapter 20: Civil Liberties: Protecting Individual Rights Section 4
The nc court system.
The 8th amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Cruel and Unusual Punishment
8th Amendment: Cruel and unusual punishments
SOL CE.10 – The Judicial System
Reaching a Decision How do the various levels of the court system reach decisions? Why are appeals decisions handled differently than original jurisdiction.
Capital Punishment.
The Judicial Branch.
Defendants’ Rights Edgenuity Lessons 3.4 and 3.5.
Ap u.s. government & politics
The 8th Amendment And the death penalty.
Review Sheet for Judicial Branch
AMENDMENTS U.S. Bill Of Rights.
8th and 9th Amendments: Civil cases
Presentation transcript:

Loren Gallimore

Background Daryl Renard Atkins, the plaintiff, went against the defendant, the state of Virginia, as he was convicted of abduction, robbery, and capital murder. Atkins’ trial was heard by the court in York County, VA, then by the Virginia Supreme Court, and finally by the U.S. Supreme Court.

Point of Law  The 8 th Amendment states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”  The question was, was Atkins’ death sentence too harsh for his condition?

Daryl Atkins

Original Jurisdiction  York County, VA was the first to hear this case  After hearing the case, the jury sentenced Atkins to death

Appeals Court  The Virginia Supreme Court took over the Atkins v Virginia case after York County  The jury again sentenced him to death

U.S. Supreme Court  The U.S. Supreme Court finally had to take over this case  According to the 8 th Amendment, it is cruel and unusual punishment to execute a person that is mentally impaired.

Decision  Final Decision : 6-3 Majority Decision: Six of the judges agreed that Atkins should not be sentenced to death Dissenting Opinion: Three judges were against Atkins being exempted of the death penalty

Impact  Although the 8 th Amendment can protect people from excessive punishment, it can also have a downfall  In the case of Atkins v Virginia, a person convicted of murder could pretend to be mentally ill to be exempt of the death sentence

Justice John Paul Stevens Majority Decision Justice William H. Rehnquist Dissenting Opinion

Works Cited