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United States Supreme Court In The Case Of Mc Carve V. North Carolina In Accordance With The Eight Amendment

1296 words - 6 pages

Does the motion filed in 2001 by the U.S. Supreme Court in the case of McCarver v. North Carolina address the concerns of the Eighth Amendment?
Does it properly demonstrate that the execution of mentally retarded individual who has been convicted of capital crime is a direct violation of this amendment?

Does the motion filed in 2001 by the U.S. Supreme Court in the case of McCarver v. North Carolina address the concerns of the Eighth Amendment?
Does it properly demonstrate that the execution of mentally retarded individual who has been convicted of capital crime is a direct violation of this amendment?
The Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (U.S. Constitution, n.d.).
The question for this brief is executing those that are mentally retarded a cruel and unusual punishment considering their mental capabilities?
If a person suffers from mental retardation and commits a capital crime (ex. Murder) should the death penalty be enforced?
The APA and American people feel that this type of punishment for those who are mentally retarded is a cruel form of punishment and should not be allowed (APA, 2013).
The view of the American culture is that executing those who are mental retarded is against our morale's and values. Instead the Amicus Brief provided by the APA helps to give assistance in using a set of procedures to follow when dealing with capital crimes of the mentally retarded (APA, 2013).

The United States Supreme Court ruled that the execution of those who suffer from mental retardation is cruel and unusual punishment and voted in a 6-3 ruling to use alternate means of punishment for these individuals (APA, 2013).
In the case of Atkins V Virginia the court had decided to pursue the death penalty on Atkins for his capital crime. The attorney representing him argued that his client had such a low IQ (69) that he was considered slightly retarded and the death penalty should be waived (APA, 2013).

The attorney cited the case of McCarver v. North Carolina where the state dropped the death penalty because of new laws imposed that made executing a mentally retarded individual cruel and unusual form of punishment (APA, 2013). The APA and other organizations then complied a brief to assist this case and eventually was able to convince the Supreme Court to overturn the verdict and help establish procedures on mentally retarded individuals who are convicted of capital crimes (APA, 2013).
There are three requirements an individual must meet in order to be considered mentally retarded:
A person must have an IQ under 70 but that number can be higher depending on the circumstances.
The second is the ability to deal with the stressors of everyday life and the world.
The third factor is that they must have been classified as mentally retarded before adulthood which is considered 18 in the United States (Mental Retardation, 2003).
Each of these or a...

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