Question

You are a prosecutor preparing a case. the facts of the case support a charge of either capital murder or first-degree murder, but you are not sure how you feel about the morality of the death penalty. you have asked for opinions from other prosecutors in your office.​ ​as you consider your options, the court-appointed psychiatrist calls and tells you that he has examined the defendant and finds him to be severely developmentally challenged. the psychiatrist estimates the defendant's iq to be in the 60's and recommends that you seek his school or medical records to find more information. you decide that, given this information, an attempt to seek the death penalty would not be legally supported, based on the ________________ decision.

Answer 1

an attempt to seek the death penalty would not be legally supported, based on the Atkins v. Virginia decision. In this Supreme Court case, the court ruled that executing people with mental challenges violates the Eight Amendment which prohibits cruel and unusual punishment