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Case Name: Daryl B. ATKINS v. VIRGINIA
Date, Location, Cite: 2002 VA
Execution of the Mentally retarded is "cruel & unusual" punishment under the Eighth Amendment.
Overturned Penry v Lynaugh (1989) . Death penalty is based on
1) Retribution &
MR by definition have diminished capacity and the same factors that make them less morally culpable make it less likely they can understand the possibility of punishment and therefore control their behaviors.
536 U. S. ____ (2002) #00-8452, June, 2002
US Supreme Court