Please Help - Death Penalty Debate

[Katie]

In my ninth grade civics class we are doing a Supreme Court simulation for our final exam. We are addressing the Supreme Court case Atkins v. Virginia. I am the respondent in this case and I have had a hard time finding information. I need to find some facts about how the death penalty for the mentally retarded does not violate the Constitution. I would appreciate any help. Thanks.

[Lisa]

We have some attorneys on this MB who would probably help you. Join the message board and send a PM to RED. Good luck.......Lisa

[Californian]

Katie said:

In my ninth grade civics class we are doing a Supreme Court simulation for our final exam. We are addressing the Supreme Court case Atkins v. Virginia. I am the respondent in this case and I have had a hard time finding information. I need to find some facts about how the death penalty for the mentally retarded does not violate the Constitution. I would appreciate any help. Thanks.

Have you read the decision? Good place to start.

supct.law.cornell.edu/supct/html/00-8452.ZS.html

[Lisa]

norcal said:

Katie said:

In my ninth grade civics class we are doing a Supreme Court simulation for our final exam. We are addressing the Supreme Court case Atkins v. Virginia. I am the respondent in this case and I have had a hard time finding information. I need to find some facts about how the death penalty for the mentally retarded does not violate the Constitution. I would appreciate any help. Thanks.

Have you read the decision? Good place to start.




supct.law.cornell.edu/supct/html/00-8452.ZS.html

Katie, Californian is giving you good advice here. I'm sure RED would want you to at least read the case before you pepper him with questions. Californian is right.........Lisa

[Ace]

Since the USSC has already ruled that the execution of the mentally retarded does violate the constitution, I'm not sure why you are assigned to argue that position, but to discredit the pro death penalty position in general.

Most of the people who claim to have mental retardation have low IQ scores because they have attended very little school. That does not make them mentally retarded. While in custody, and with very little else to do but learn, their IQs do rise. Regardless, in my opinion, if you are able to plan and carry out a murder, than cover your tracks, you are not mentally retarded.

[sbusani]

Katie said:

In my ninth grade civics class we are doing a Supreme Court simulation for our final exam. We are addressing the Supreme Court case Atkins v. Virginia. I am the respondent in this case and I have had a hard time finding information. I need to find some facts about how the death penalty for the mentally retarded does not violate the Constitution. I would appreciate any help. Thanks.

[sbusani]

Read Scalia's dissent to the Supreme Court's ruling. It's full of facts.

[Anony+]

sbusani said:

Read Scalia's dissent to the Supreme Court's ruling. It's full of facts.

Good advice. Exactly what I would have said.

[morgan]

I am pro death penalty for my 9th grade debate and my buddy came up with good point of the mentally retarded should not be held accountable and I dont have an answer. Help!!!

[Charlene]

There are several articles on this site that address that topic:


Lose Brain, Save Life - Mental Retardation and the Death Penalty

Commentator:
Michael Welner, M.D.
Chairman, The Forensic Panel, New York, NY

Attention Death Row: Button up your shirt to the top, get those coke bottle glasses on the internet, you know, the ones with the black frames, and get a dorky haircut from Officer Bob.

Retardation is in. In the continuing battleground over the death penalty, the ability to appear retarded has emerged as the most powerful weapon in the new psychiatric mitigation arsenal. The impact threatens the credibility of American neuropsychology.

The rest can be found here: www.prodeathpenalty.com/Articles/LoseBrain.htm


Mental Retardation and the Death Penalty
Dudley Sharp

Mario Marquez, executed in 1995, was one of those 6 cases and stated that Marquez was exactly that kind of murderer which HB236 was designed to protect. Supporters of that bill could not have provided a better case for Texans to oppose this bill and for Governor Perry to veto it.

Marquez was angry that his wife was leaving him, so, in retaliation, he murdered his wife's 14-year-old niece, Rachel and his 18-year-old estranged wife, Rebecca. They were beaten and raped, orally, anally and vaginally, then strangled to death. Rebecca was sodomized with a large perfume bottle which was forced into her anus. Blood loss from both victims indicated that they were alive during these acts. Marquez then waited for his mother-in-law, to return home, beat and sexually assaulted her -- then presented the two brutalized bodies of the two girls to her -- as trophies for his anger.

There is little doubt but that he was also going to murder his mother-in-law, but Marquez' continued assault on her was interrupted and he fled from the scene.

Marquez's performance IQ was measured at 75 -- 16 points above the minimum number required to establish that arbitrary "mental retardation" standard, using the plus or minus 10 point variable. And Marquez's life and crimes, spanning many years, fully support that Marquez knew exactly what he was doing.

When given the facts of specific crimes, like Marquez's, many would agree with the jury -- that such mentally competent, guilty capital murderers should face the death penalty, as a sentencing option.

The rest can be found here:
www.prodeathpenalty.com/Articles/Sharp_MR.htm

Amicus Brief in Atkins filed by CJLF
www.cjlf.org/briefs/AtkinsDS.htm

[Donnie]

morgan said:

I am pro death penalty for my 9th grade debate and my buddy came up with good point of the mentally retarded should not be held accountable and I dont have an answer. Help!!!

What does your buddy mean by retarded? Does she even know?

[adamavalos43hotmailcom]

let me know how think about my thesis for my paper on the death penalty .
The first thing that we can think of when someone commits a murder is the death penalty. People do not really think when they are taking away a life. There are a lot of concerns when it comes to the death penalty. For one, the person could become mentally ill from what they did, or also from the problems from their life. Most people will murder because they do not care and have no intention of caring how the families will feel. I am for the death penalty on certain occasions.

[vikki]

adamavalos43hotmailcom said:

let me know how think about my thesis for my paper on the death penalty .
The first thing that we can think of when someone commits a murder is the death penalty. People do not really think when they are taking away a life. There are a lot of concerns when it comes to the death penalty. For one, the person could become mentally ill from what they did, or also from the problems from their life. Most people will murder because they do not care and have no intention of caring how the families will feel. I am for the death penalty on certain occasions.

Adam, I'm not quite sure what you are trying to say. Is your thesis about the reasons/lack of reason for murder? In this case, what would your antithesis and synthesis be? Am I right in assuming that your antithesis is that some people deserve the dp and your synthesis is that it's only for the worst of the worst?

I'm reading criminoolgy at uni, so if I can help I will.

[Donnie]

adamavalos43hotmailcom said:

The first thing that we can think of when someone commits a murder is the death penalty.

A claim that you know what everybody thinks is absurd on its face.

People do not really think when they are taking away a life.

The evidence for this false assertion is what?

Most people will murder because they do not care and have no intention of caring how the families will feel.

Be careful with your syntax. This statement begins with a false assertion that "Most people will murder". In fact only a tiny percentage of people murder. Of course murderers' cares have nothing to do with the pursuit of justice for murder victims.