March 11, 2002
Supreme Court hears arguments on death penalty for mentally retarded
___WASHINGTON (RNS)--Since the execution of mentally retarded inmates was upheld in 1989, an undeniable "national consensus" has emerged to render such executions "cruel and unusual punishment," the U.S. Supreme Court was told Feb. 20.
___The court's nine justices are reviewing the death sentence of a Virginia man, Daryl "James" Atkins, who was convicted of the 1996 robbery and murder of a U.S. airman because he and a friend wanted money for beer. Two subsequent appeals upheld Atkins' conviction.
___Atkins' legal team contends he is mentally retarded with an IQ of 59--well below the standard of 70 often used to determine mental retardation. The lawyers said executing such inmates is unfair because they have little or no understanding of their actions.
___When the high court last visited the issue 13 years ago, only two states and the federal government banned such executions. Since then, that number has risen to 18. Justice Sandra Day O'Connor, writing for a 5-4 majority that upheld such convictions, said there was no "national consensus" on the issue.
___Whether or not that consensus now exists was the central question put before the court in the new case. O'Connor, considered a key vote on this case because of her 1989 opinion, grilled Atkins' attorney James Ellis on how to determine a consensus.
___Ellis said the 18 states, in addition to the 12 states without the death penalty, have rendered a "moral judgment of revulsion" on such executions.
___Justice Antonin Scalia, a firm supporter of capital punishment, expressed skepticism at such a consensus and suggested it would be unwise for the court to issue a blanket prohibition. He indicated mental retardation is perhaps best left for juries to weigh as a mitigating factor in sentencing.
___"We'd never be able to go back because there will never be a change in consensus," he said.
___Eleven religious groups, led by the U.S. Conference of Catholic Bishops, told the court in a joint brief that such executions are immoral. They were joined by mental health organizations and members of the international community who deplore such executions.
___Arguing for the Commonwealth of Virginia, Assistant Attorney General Pamela Rumpz called the 18 state laws a "blip on the radar screen of public opinion" because many of them are less than five years old. She said a blanket prohibition would not give the public a chance to change its mind.
___Justice Stephen Breyer vigorously questioned Rumpz why the 18 state laws do not form a consensus. Justice Ruth Bader Ginsburg, who appeared skeptical of Rumpz's arguments, said three-fifths of all the states do not allow such executions. A similar count in the U.S. Senate, she said, amounts to a "super majority."
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