Thursday, November 3, 2011

Atkins v. Virginia

Atkins v. Virginia (2002)
6 facts:
1.) verdict implied that execution of a mentally retarded person is a violation of the 8th amendment (cruel and unusual punishment.
2.) The case claimed that mentally retarded person's lack of ability in areas of reasoning, judgement and control of impulses.
3.) Atkins was accused of abduction, robbery, capitol murder; determining his initial death sentencing.
4.) Jones, assumed instigator of this crime with Atkins, testified that Atkins had actually killed the man after they both confessed of the other crimes accused, Atkins did the same against Jones.

5.) The case Stanford v. Kentucky was used as a precedent for this case.
6.) Atkins in fact held an IQ of 59 on a regular intelligence test; he had also plead to 4 prior crimes of robbery in the past..


4 questions:
1.) His crime was pretty brutal and negatively driven, shooting a man 8 times after stealing majority of his money and abducting him, shouldn't the trail have been based off of the severity of the crime opposed to the mental state of the accused?
2.) If people with mental conditions more unstable, who are more likely to commit these messed up crimes, are allowed leigh-way in sentencing for these crimes isn't that dangerous?
3.) Exactly how "mildly mentally retarded" was Atkins? What specific qualities did he posses that would make the crime committed less severe from his character?
4.) Did this Jones character instigate Atkins to do what he wanted manipulating his knowledge and mentally retarded state?  Did he have motive to kill this man and take his money?

http://www.law.cornell.edu/supct/html/00-8452.ZO.html

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