The Constitutional issues involved would mainly be the eighth amendment. The constitution was used in this case: Atkins v. Virginia, specifically the eighth amendment states, “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. The defense using the section of the 8th amendment that pertained to “cruel and unusual punishments”, it was …show more content…
They made the decision that the execution of mentally retarded people or an intellectually disabled, ruling that it constitute a “cruel and unusual punishment” prohibited by the Eighth amendment. However the court, left to the people to determine the definition of mental retardation. This decision affected over 300 mentally retarded on the death row inmates in about 20 states. The Court, specifically Justice Stevens, reasoned that, “Construing and applying the Eighth Amendment in the light of our ‘evolving standards of decency,’ we therefore conclude that such punishment is excessive and that The Constitution ‘places a substantive restriction on the State’s power to take the life’ of a mentally retarded