Congressional Digest

Supreme Court Debates January 2017 No. 1 Vol. 20
Atkins v. Virginia

Death Penalty and Intellectual Ability

Intellectual Capacity in Capital Cases

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Atkins v. Virginia

The Court Prohibits Execution of the Intellectually Disabled

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 intellectually disabled, 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 an intellectually disabled person found guilty of capital murder….

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