Death Penalty in America, Legal Studies 485, Spring 2003


03-27-03, Group discussion questions, Atkins v. Virginia

 

Majority

 

  1. What crime was Daryl Atkins convicted of?   What happened to Atkins’ co-defendant? (p. 33, n.1)

 

  1. What are the AAMR and APA definitions of mental retardation?  (p. 34, n. 3)

 

  1. What evidence was used to support the claim that Atkins was mentally retarded?  What evidence was used to refute the claim?  (p. 34-35 and n. 4-6)

 

  1. What does the Court mean by a “proportionality review”? (p. 36, 3rd paragraph)

 

  1. The Court says “our own judgment is ‘brought to bear’ by asking whether there is reason to agree or disagree with the judgment reached by the citizenry and its legislators.” (p. 36, 6th paragraph)  What does the Court mean here? Do you agree with this approach?  Is the judgment of each individual judge relevant?

 

  1. What evidence does the Court rely on to determine that there is a consensus against executing the mentally retarded ?  (p. 37)

 

  1. Why does the Court think that mentally retarded defendants are less culpable? (p. 38-39)

 

  1. Does the Court think that executing the mentally retarded will further the goals of retribution and deterrence?  Why?  (p. 39-40)

 

Dissent

 

  1. RHENQUIST dissent: Why does Rhenquist disagree with considering the opinion of professional organizations and other nations?  Do you agree or disagree with Rhenquist?

 

  1. SCALIA dissent:  On what grounds does Scalia dispute the finding that a consensus exists? (p 44-46)

 

  1. Does Scalia think the mentally retarded are less culpable?  Why not? (p. 46-47)

 


 

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