Atkins v. Virginia

In Atkins v. Virginia, 536 U.S. 304 (2002) the Supreme Court of the United States (in a 6 to 3 decision) ruled that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments.

The case

At midnight on August 16, 1996, Daryl Atkins and his accomplice, William Jones, abducted Eric Nesbitt. They robbed him of the money on his person, then took him to an ATM and forced him to withdraw money. Afterward, they took him to an isolated location, where they shot him eight times. Nesbitt died.

Related Topics:
August 16 - 1996

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At trial, each man testified that the other actually pulled the trigger. The jury believed Jones over Atkins, and convicted Atkins of capital murder. During the penalty phase of the trial, the prosecution proved two aggravating factors under Virginia law -- that Atkins posed a risk of "future dangerousness," and that the offense was committed in a vile manner. In mitigation, the defense presented Atkins' school records that suggested he was "mildly mentally retarded" and the result of an IQ test that placed his score at 59. The jury sentenced Atkins to death. The Virginia Supreme Court affirmed the sentence based on a prior Supreme Court decision, Penry v. Lynaugh, 492 U.S. 302 (1989).

Related Topics:
Capital murder - Mentally retarded - IQ - Penry v. Lynaugh - 492 U.S. 302

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Because of what it perceived to be a shift in the judgments of state legislatures as to whether the mentally retarded are appropriate candidates for execution in the thirteen years since Penry was decided, the Court agreed to review Atkins' death sentence. The Court heard oral arguments in the case on February 20, 2002.

Related Topics:
State legislature - February 20 - 2002

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Ironically, although Atkins' case and ruling may have saved other mentally retarded inmates from the death penalty, a jury in Virginia decided in July 2005 that he was intelligent enough to be executed as the constant contact he had with his lawyers had intellectually stimulated him and raised his IQ above 70, making him competent to be put to death under Virginia law. His execution has been set for December 2, 2005.

Related Topics:
Death penalty - Virginia - July - 2005 - IQ - December 2

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