Is sentencing execution upon a mentally retarded individual unconstitutional? This is a question that has recently been answered by the United States Supreme Court. According to Justice John Paul Stevens executing the mentally retarded is unconstitutional. These issues were stemmed from a recent trial in Virginia that dealt with a mentally retarded male who was sentenced to death. There are conflicting opinions on this issue, that have to do with the interpretation of the eighth amendment the moral views of the supreme court justices, and the citizens of the United States.

One might ask, “What is the definition of mentally retarded?” According to an article written by the Dallas Morning News titled “Justices to Review Death Penalty for Mentally Retarded Inmates”, states currently use a test containing three questions to determine whether a person is mentally retarded. The first question; is the person’s IQ less than 70? (An average person’s IQ is 100.) The second question; was mental retardation diagnosed by the age of 18? This is to ensure that a prisoner wouldn’t try to act as if he were mentally retarded to get out of being executed. Finally it nee

Not only are there worries of cruel and unusual punishment there are also issues of wrongful execution. This is because they are less able to defend themselves and they are sometimes easily persuaded. They are less able to make a persuasive defense, and give meaningful assistance to their counsel. (Shultz 2002)

Currently there are thirty-eight states that allow the death penalty. Out of these states eighteen of them exempt the mentally retarded. This is one of the biggest attributions to the supreme courts ruling on the Atkins V. Virginia case. (Myers 2002)

The third argument for those who support the death penalty is that most people mentally retarded or not know that murder is wrong. If that can be established in trial then they should be tried as a normal person. If they committed a crime as horrific as murder then there should be no other option. (Ashraf 2002)

Justice Antonin Scalia supports executing the mentally retarded, and feels that if there is a problem with unfair trials because the mentally retarded person is unable to defend themselves feels that, “if this unsupported claim has any substance to it (which I doubt), it might support a due process claim in criminal prosecutions of the mentally retarded.”(Shultz, 2002, p. 5)

Some topics in this essay:
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