Sentencing a criminal who is mentally retarded is directly going against the Eighth Amendment, which attempts to ‘evolve standards of decency’ in our nation. The Supreme Court of the United States prohibited the execution with mental deficiencies in the Atkins v. Virginia case in 2002. The Constitution enforces a substantive limitation on the States’ abilities to take the life of a criminal who is mentally retarded. (ATKINS V. VIRGINIA, 2002) Ethnic discrimination, financial influences, and factors such as mental retardation are three huge reasons why it is morally necessary to refuse to use the death penalty as a suitable mean of punishment, for this method would time after time fall under the realm of unequal or unjust punishment. (Stevenson, B.
In Roper v. Simmons there are two issues that must be addressed, the first being the issue of moral maturity and culpability. The defense in the trial phase of this case argued that Mr. Simmons was an at an age where he was not responsible enough to fully understand the effects and consequences of his actions. The majority draws on Atkins v. Virginia to argue that this specific precedent supports their case that the death penalty should not be imposed on the mentally immature or impaired. However, an important point to be made is that the Atkins v. Virginia decision is geared towards the clinical definition of mental retardation: significant limitations that limit adaptive skills. Also, another important question to consider is the competency and premeditation of Mr. Simmons’ crime in this case. The argument that four months would be
Bath, N.Y. (WENY) -- In a few days Thomas Clayton will be sentenced for his role in orchestrating his wife 's death. However on Thursday, the attorney for the convicted murderer made his first motion for a new trial.
The defense during this case tried to convince you that Mrs. Stephens was a helpless abused wife. Let me ask you, is Mrs. Stephens helpless when she was able fire a gun and put three bullet holes in her husband? And how is she helpless when she was given many opportunities to escape from her husband for her safety and her children’s safety? However, this story of Mrs. Stephens being helpless is all the defense has. But how can you, the jury, believe a story from a woman that would lie to doctors, to police,
In Atkins v. Virginia (2002), the court ruled that the mentally retarded should not be tried for death penalty because they do not bear the proper guilt that even the worst adult criminal bears upon committing a crime. The mentally retarded have trouble reasoning and controlling their
This piece of the novel is extremely important. It shows the reality of the situation. It is important to the readers to understand that every family has flaws. Capote goes on about how loved and cherish the Clutter’s are and how well known they are. It proves to society that even the most popular, the richest, the luckiest, and the prettiest people out there do not have perfect lives.This piece of literature is filled with irony. Verbal, dramatic and situational irony can all be found throughout the novel. Dramatic irony is especially found in the lines “Tonight, having dried and brushed her hair and bound it in a gauzy bandanna, she set out the clothes she intended to wear to church the next morning: nylons, black pumps, a red velveteen dress- her
You asked me to conduct some legal research on the questions posed by Brian Malechuk from Katy ISD regarding IEE cost and protocols. My findings and recommendations are below.
During the trial in the book to kill a mockingbird by Harper Lee. The Lawyer Atticus Finch uses rhetorical appeals such as ethos, logos, and pathos tap into the jury's sense of ethics, logic and emotion to convey Tom Robinson, a black man, is innocence in a rape case.
As shocking as it may seem to hear, witch hunts still exist in modern times. One of the most prevalent examples of a modern day witch hunt was the case of the Scottsboro boys in the 1930s. The Scottsboro case revolved around nine innocent African-American teenagers charged with the gang rape of two white women, Victoria Price and Ruby Bates, on a train in 1931. It dealt with issues of racism, prejudiced juries, and rushed trials, causing it to be cited
The Scopes Monkey trial was one the biggest and most influential court cases of all time. John Scopes was a public high school teacher in dayton tennessee who was arrested and tried for breaking the butlers law. Passed in 1925 it made teaching evolution in any schools and colleges in the state of Tennessee illegal. This was because evolution challenges the idea of creationism which was the popular religion in the tennessee. this was a huge problem because it was written in the constitution that you must separate church and state. The scopes monkey trial was responsible for bringing a huge amount of attention to the issue and ultimately brought religious freedom to tennessee and many other states who also passed the law.
"The state has not produced one iota of medical evidence to the effect that the crime Tom Robinson is charged with ever took place. It has relied instead upon the testimony of two witnesses who evidence has not only been called into serious question on cross-examination, but has been flatly contradicted by the defendant. The defendant is not guilty, but somebody in this courtroom is" (Harper 203).
A historic case in the U.S. supreme court was called the Brown vs. the Board of Education. Getting a good education is essential and we can see diverse population of students from different nationality in the classroom. However, this wasn’t always the case in the United States. Up until 1954, classrooms were very different than they are today—not allowing African American students to attend schools with white students. This was allowed because of the previous court case of 1896 of Plessy vs. Ferguson. In this case, the court allowed segregation as long as the services provided were equal which meant that separation of students according to their race in schools was okay. This was accepted in many states despite the fact that the Fourteenth
Although in In Cold Blood, Truman Capote is illustrating the aftermath of the murders, his prime motive is to humanize and create sympathy for Perry; therefore he asserts that the Law is biased and cruel to those who commit crimes.
In Doe v. Koger, a student with intellectual disabilities was expelled based on disciplinary issues. The school denied the student a due-process hearing for students with disabilities. When the family took the school district to court, it was ruled that before changing the placement of a student with disabilities through long term suspension or expulsion, a hearing must be held to determine whether the child’s inappropriate behavior was a result, or manifestation of his/her disability.
The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability. The plaintiff is not estopped by her SSDI and long term disability claims. However, the issue should have been decided by the jury. The court foreclosed to grant the plaintiff was not a qualified individual.