Criminal
Sep. 24, 2002
Burden of Retardation Proof Should Belong to Defendants
Forum Column - By Sue Blake - On June 20, the U.S. Supreme Court rendered an opinion in Atkins v. Virginia specifying that the execution of a mentally retarded individual constitutes cruel and unusual punishment under the Eighth Amendment. Although there is no record of any retarded defendant in California ever being executed, the court's decision requires states to fashion a process for determining the validity of retardation claims in capital cases.
By Sue Blake
On June 20, the U.S. Supreme Court rendered an opinion in Atkins v. Virginia specifying that the execution of a mentally retarded individual constitutes cruel and ...
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