Jumping on the Bandwagon: The United States Supreme Court Prohibits the Execution of Mentally Retarded Persons in Atkins v. Virginia

Abstract

"Mental retardation is not something you have, like blue eyes, or a bad heart. Nor is it something you are, like short, or thin. It is not a medical disorder, nor a mental disorder .... Mental retardation reflects the 'fit' between the capabilities of individuals and the structure and expectations of their environment."

In light of this assertion, do mentally retarded persons have the same capacity to understand the nature and consequences of their actions as offenders of average intellect? Are mentally retarded persons deterred by the fear of a death penalty sentence being imposed for their criminal actions? Is there retribution in executing an individual who does not understand what he has done or cannot control his impulses, even when he has an understanding of right and wrong? These are questions that will be discussed in this article in light of the Supreme Court's recent decision in Atkins v. Virginia.