Landmark Cases

Case Name: Daryl B. ATKINS v. VIRGINIA

Date, Location, Cite: 2002 VA
00-8452, June, 2002
US SUPREME COURT

Execution of the Mentally retarded is "cruel & unusual" punishment under the Eighth Amendment.
Overturned Penry v Lynaugh (1989) . Death penality is based on
1) Retribution &
2) Deterrence:
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 therfore control their behaviors.