1. Mr. Noel Ciyanna Clark December 4, 2014 ATKINS V. VIRGINIA

2. KEY PEOPLE Daryl Atkins (D) Eric Nesbitt (P) Justice Stevens Justice Scalia William Jones Dr. Nelson

3. 8 TH AMENDMENT Ratified December 15, 1791 Prohibits cruel and unusual punishment Excessive bail shall not be required, nor excessive fines imposed Does not define cruel and unusual

4. ISSUE OF LAW Under the 8 th amendment can a person that is mentally disabled be sentenced to death? Found unconstitutional

5. BACKGROUND Atkins and Jones were smoking and drinking Went to the store Met Eric Nesbitt Robbed Nesbitt Shot him 8 times

6. BACKGROUND Stories did not match Jones got off Atkins put on trial Dr. Nelson was vital Second sentencing

7. MAJORITY DECISION Delivered by Justice Stevens Criminals have to be tried and punished Mentally disabled people so not act on same level Penry v. Lynaugh (1989)

8. DISSENT OPINION Justice Scalia No ground in 8 th amendment No ground in attitudes towards death

9. IMPACT Mandatory Evaluation Mentally disabled given death penalty State’s decision

10. WORKS CITED "Amendment VIII - Excessive Fines, Cruel and Unusual Punishment." National Constitution Center – Constitutioncenter.org. Accessed November 20, 2014. “Atkins v. Virginia | Casebriefs.” Casebriefs. Accessed November 6, 2014. “ATKINS v. VIRGINIA.” LII / Legal Information Institute. June 20, 2002. Accessed November 6, 2014. Bennet, William. "IQ Classifications." RSS. June 10, 2014. Accessed November 20, 2014. “Daryl Renard Atkins- Mental Retardation- the International Justice Project.” Daryl Renard Atkins- Mental Retardation- the International Justice Project. Accessed November 6, 2014. “Judicial Activism.” The Heritage Foundation. Accessed November 6, 2014. McGrew, Kevin. “International Competence & the Death Penalty: Atkins v. Virginia: US Supreme Court Original Decision.” Intellectual Competence & the Death Penalty. May 14, 2009. Accessed November 6, 2014. http://www.atkinsmrdeathpenalty.com/2009/05/atkins-v-virginia-us-supreme-court.html. “Part I: History of the Death Penalty.” DPIC. Accessed November 18, 2014. http://www.deathpenaltyinfo.org/part-i-history-death-penalty#intro.