1. By Bianca Kue Atkins v. Virginia

2. Background June 20 th 2002 Daryl Renard Atkins  Convicted of abduction, armed robbery, and capital murder  Forensic psychologist diagnosed Atkins as mildly mentally retarded. Jury sentenced Atkins to death  Ruling based on Penry v. Lynaugh

3. Why was this case brought to the Supreme Court? Question:  Is the execution of mentally retarded persons "cruel and unusual punishment" prohibited by the Eighth Amendment? Ruling  6-3  Death is not suitable for a mentally retarded criminal due to lack of thinking ability and judgment.  Based ruling on how many states (national consensus) had laws against executing mentally retarded criminals (32 out of 50)

4. How did this case change how we understand or interpret the Constitution/Amendments? “we leave to the State[s] the task of developing appropriate ways to enforce the constitutional restriction upon its execution of sentences.” Changed how death penalty was issued based on “cruel and unusual punishment"

5. Sources http://www.oyez.org/cases/2000- 2009/2001/2001_00_8452/ http://www.oyez.org/cases/2000- 2009/2001/2001_00_8452/ http://www.law.cornell.edu/supct/html/historics/U SSC_DN_0000_8452_ZO.html http://www.law.cornell.edu/supct/html/historics/U SSC_DN_0000_8452_ZO.html http://www.wadsworth.com/criminaljustice_d/tem plates/student_resources/0534629016_gaines/land mark/ch11.html http://www.wadsworth.com/criminaljustice_d/tem plates/student_resources/0534629016_gaines/land mark/ch11.html