Background
Atkins was accused and put on trial for armed robbery, kidnapping, and murder. Upon being tested, a forensic psychologist testified in court that Atkins was mildly mentally disabled.
Issue
Is the death penalty for the mentally disabled a violation of the 8th amendments prohibition of "cruel and unusual" punishment?
Decision
The execution of the mentally disabled is considered "cruel and unusual" and does therefore violate the 8th amendment.
Majority: Stevens, Kennedy, Souter, Ginsburg, Breyer, O'Connor
Dissent: Rehnquist, Scalia, Thomas
My Opinion
I agree that executing the mentally ill is a violation of the 8th amendments prohibition of cruel and unusual punishment. According to one of the prongs when determining if a punishment is "cruel and unusual", the punishment must not be "clearly and totally rejected throughout society". This death sentence for the mentally ill, was unprecedented in the United States, and therefore, a lack thereof of such a punishment should be evidence that it is rejected through society.
I agree with jake that executing a mentally ill person is cruel and unusual punishment. i believe it is clearly rejected within society due to the fact mentally ill are such a huge part of our society today and sentencing them to death is clearly a violation of their 8th amendment right.
ReplyDeleteI agree with Jake because some people with a mental illness may have a different decision-making process than others because their brain cells are not fully developed so they cannot be treated as others would.
ReplyDelete