Background- Jones and Atkins (18 years old) both on the night of August 16, 1996 around midnight abducted Eric Nesbitt. They stole over $200 and after taking Nesbitt to an isolated location shot him repeatedly. When taken into custody, the men's stories were both different and the shooter wasn't confirmed. Until, Atkins cell mate, to whom Atkins confessed to about shooting Nesbitt, told the police. Jones testified for a life sentence against Atkins. Atkins was sentenced to death.
Issue- Can mentally retarded people be candidate for the death penalty, or is it cruel and unusual?
Decision- 6 Atkins, 3 against. Execution of the mentally retarded is cruel and unusual according to the evolving standards of decency; therefore, making that punishment excessive.
In my opinion I think that the death penalty should be ordered according to the crime and if the person is an extreme danger to the public. It should not be based on if a person is mentally ill or not because all people have enough power to take a life or multiple. This ability though is only used by murderers or people in self defense and it is a consious decision that even the mentally retarded people have an ability to make. Coker v Georgia and Enmund v Florida both state that certain crimes that are committed are not probable cause for the death penalty but none of them address ones state of mind; therefore, it is not unconstitutional because it is not excessive according to the crime.
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