Overview
What if a state passes a law that some believe conflicts with federal law?
The Eighth Amendment provides: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
With respect to the death penalty, you may recall that the Eighth and Fourteenth Amendments of the Constitution do not permit the execution of a person with an intellectual disability. Review Atkins v. Virginia, 536 U. S. 304 (2002).
Yet, how do we know when a person has an intellectual disability? What level of intellect does a person have to have so as to permit the use of the death penalty?
Your client, Buddy Bluebook, 24 years old, was convicted of killing his employer after his employer informed Buddy that Buddy was fired. When Buddy worked at the company, Buddy delivered the mail within the company as well as took the mail to the post office on behalf of the company. A non-profit organization that helps adults with intellectual disabilities contacted the company to secure Buddy the mail delivery job.
The state in which Buddy lives recently enacted a new law that permits the execution of persons with intellectual disabilities. The state's prosecutor seeks to execute Buddy. Buddy's attorney argues that, given Atkins, Buddy cannot be executed.
The state law at issue provides that if: (a) the person convicted of murder scored above 75 on an IQ test; (b) a trial court concluded that the crime required forethought, planning, and complex execution; and (c) at least three lay witnesses could testify that the defendant was not intellectually disabled, then he could be executed.
Buddy scored a 76 on the IQ test. Buddy was physically and mentally abused as a child, and attended school until the ninth grade.
1. Can Buddy be executed? What major theories or practices from allied fields (e.g., education, healthcare, public policy, psychology, sociology, etc.) are advanced about determining the extent of intellectual disabilities? How can such data be used in Buddy's legal case, whether by the prosecution or the defense?
2. What does your state provide regarding the death penalty? How does it compare to the Eighth Amendment? Be sure to carefully review whether your home state is still enforcing the death penalty. Provide data about how the residents of this state feel about whether it still enforces the death penalty or not.
3. If you could change the Eighth Amendment, set forth how you would alter it so that it can be clearer regarding what is "cruel and unusual" punishment.
a. Document how and why you would do so, and articulate how these elements influenced the specific language that you chose for your proposed change.
b. Assess the significance of your proposed change in light of the major debates or developments that you have analyzed in this Discussion.