Congressional Digest

Supreme Court Debates December 2004 No. 9 Vol. 7
Atkins v. Virginia

Executing Minors

The Death Penalty and Underage Perpetrators

Atkins v. Virginia

The Supreme Court Prohibits the Execution of the Mentally Retarded

On June 20, 2002, the Court rendered its opinion in the case of Atkins v. Virginia, which presented the issue of whether capital punishment for individuals of limited measured intelligence violates the Constitution’s ban on "cruel and unusual punishment." The Court began its analysis by looking to the judgment of the legislatures that have addressed the suitability of executing the mentally retarded, and then it considered the reasons for agreeing or disagreeing with these judgments. The Court in Penry v. Lynaugh (1989) decided that it is not categorically unconstitutional to execute a mentally retarded person found guilty of capital murder….

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