123 School Work

Mental Retardation and the death Penalty

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  Mental Retardation and the Death Penalty
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  Abstract
  
  
  
  The purpose of this paper is to discuss the executions of the mentally retarded, and show how the change in public opinion has influenced the courts to consider the executions of the mentally retarded to be unconstitutional, due to cruel and unusual punishment. This change in public opinion can be seen through two major court cases, Penry v, Lynaugh, and Atkins v. Virginia. This paper will also define mental retardation, and show the difference between someone with mental retardation and someone with a mental illness.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  Mental Retardation and the Death Penalty
  
  
       Capital punishment in the United States has been a huge debate over the years and continues to be one now. The discretion to use capital punishment is in the individual state's hands. The only time the federal government can decide whether or not to use the capital punishment statute is when it is a federal crime (Palmer 2001). There are several issues that could be looked at when considering capital punishment, but this paper will focus on the executions of mentally retarded people. There are some people who do not think it should make a difference whether the person is retarded or not, and then there are others who see a difference. This paper will show that executing mentally retarded people was at one point in time constitutional, and how it has become unconstitutional through the definition of mental retardation, and the change of public opinion through two major court cases, Penry v...