Supreme Court bars execution

FRIDAY, JUNE 21, 2002

The Supreme Court on Thursday overturned decades of precedent and ruled that the execution of the mentally retarded was unconstitutional.

In a 6-3 ruling, the Court said the "cruel and unusual punishment" clause of the U.S. Constitution prohibited such death penalty sentences. Turning public opinion was cited as a factor in the decision, which was authored by Justice John Paul Stevens.

Chief Justice William H. Rehnquist filed a dissent, accusing the majority of doing little but bowing to public pressure. The opinion was joined by Justices Antonin Scalia, who filed a separate dissent, and Clarence Thomas.

Of the 38 states which allow the death penalty, 18 outlaw it against the mentally retarded.

Get the Story:
Court Bars Execution Of Mentally Retarded (The Washington Post 6/21)
Justices Bar Death Penalty for Retarded Defendants (The New York Times 6/21)
With Little Guidance, States Face Hard Debate on Who Is Retarded (The New York Times 6/21)
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Get the Case Atkins v. Virginia, No. 00-8452:
Syllabus | Opinion | Dissent [Rehnquist] | Dissent [Scalia]

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