Procedural Issues of a Case

On the first procedural issue, in a closely divided, 5-4, decision, on March 1, 2005, the Supreme Court ruled that the death penalty cannot be imposed on youthful murderers who were not yet 18 years of age at the time they committed the crimes (International Information, 2005). Such executions are considered a disproportionate punishment for juveniles, whom society views as categorically less culpable than adult criminals, the court said, and violate the ban on cruel and unusual punishment contained in the Eighth Amendment to the U. S. Constitution. This decision threw out the current death

sentences of 71 juvenile murderers and bars states in the future from seeking to execute minors for crimes.

Justice Anthony Kennedy, writing for the majority, acknowledged the weight of international opinion against the juvenile death penalty, which he sai

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not dependent on IQ, which is an unreliable measure of mental retardation. The 2002 definition states: "Mental retardation is a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. This disability originates before age 18." Most states which have enacted legislation choose to have the issue addressed in pretrial proceedings (Ellis). If the judge finds that there is mental retardation, the case should be denominated as noncapital. It is up to the defense to raise the issue. In the present case, the defense attorney should have filed a motion with the court requesting a finding that the defendant was death penalty-ineligible because of mental retardation (Ellis). This motion should have been filed prior tot the trial date. Because mental retardation had been found in two prior convictions, this should have made the defendant death penalty-ineligible. If the case took place prior to Atkins v. Virginia, then a claim should be filed for resentencing under the Atkins v. Virginia ruling. In respect to the third procedural issue, the Supreme Court said in 2003 that it would clarify its ruling from
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Approximate Pages = 10 (250 words per page)

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