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Meredith Wesley. ATKINS VS. VIRGINIA 2002. What Was At Issue?. 8 th Amendment = Cruel & Unusual Punishment Executing mentally retarded unconstitutional ? Daryl Atkins – Plaintiff Virginia- Defendant. How & Why. 8th Amendment = Cruel & Unusual Punishment Blunt immorality Poor witnesses
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Meredith Wesley ATKINS VS. VIRGINIA2002
What Was At Issue? • 8th Amendment = Cruel & Unusual Punishment • Executing mentally retarded unconstitutional? • Daryl Atkins – Plaintiff • Virginia- Defendant
How & Why • 8th Amendment = Cruel & Unusual Punishment • Blunt immorality • Poor witnesses • Unable to communicate on a professional level • Does not intimidate other mentally challenged to not commit these crimes • Illogical thinking
Now What? • Up to individual states to determine when one is mentally retarded • Protected by 8th Amendment • Further investigated into when Capitol Punishment is admissible • Capital Punishment as a whole is being investigated as a violation of the 8th Amendment