1. Loren Gallimore

2. Background Daryl Renard Atkins, the plaintiff, went against the defendant, the state of Virginia, as he was convicted of abduction, robbery, and capital murder. Atkins’ trial was heard by the court in York County, VA, then by the Virginia Supreme Court, and finally by the U.S. Supreme Court.

3. Point of Law  The 8 th Amendment states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”  The question was, was Atkins’ death sentence too harsh for his condition?

4. Daryl Atkins

5. Original Jurisdiction  York County, VA was the first to hear this case  After hearing the case, the jury sentenced Atkins to death

6. Appeals Court  The Virginia Supreme Court took over the Atkins v Virginia case after York County  The jury again sentenced him to death

7. U.S. Supreme Court  The U.S. Supreme Court finally had to take over this case  According to the 8 th Amendment, it is cruel and unusual punishment to execute a person that is mentally impaired.

8. Decision  Final Decision : 6-3 Majority Decision: Six of the judges agreed that Atkins should not be sentenced to death Dissenting Opinion: Three judges were against Atkins being exempted of the death penalty

9. Impact  Although the 8 th Amendment can protect people from excessive punishment, it can also have a downfall  In the case of Atkins v Virginia, a person convicted of murder could pretend to be mentally ill to be exempt of the death sentence

10. Justice John Paul Stevens Majority Decision Justice William H. Rehnquist Dissenting Opinion

11. Works Cited