About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

29 Wash. & Lee J. Civ. Rts. & Soc. Just. 55 (2022-2023)
Atkins v. Virginia at Twenty: Still Adaptive Deficits, Still in the Developmental Period

handle is hein.journals/walee29 and id is 56 raw text is: Atkins v. Virginia at Twenty: Still Adaptive Deficits, Still in the Developmental Period Sheri Lynn Johnson, John H. Blume & Brendan Van Winkle* Abstract Twenty years ago, in Atkins v. Virginia, the Supreme Court of the United States held that the Eighth Amendment prohibited states from executing persons with intellectual disability. While the Court's decision is laudable and has saved many of the most vulnerable persons from the executioner, its effect has been undermined by recalcitrant states attempting to exploit language in the opinion permitting states to create procedures to implement the (then) new categorical prohibition. In this article, we examine how some states have adopted procedures which are fundamentally inconsistent with the clinical consensus understanding of the disability and how one state, Georgia, has through the use of juries and a crippling burden of proof, rendered Atkins a nullity. Although the Court has intervened to prohibit some of these practices, it has not granted certiorari to consider others, including Georgia's. And due to limits the Court has put on federal habeas corpus relief, many persons who fall within the Court's categorical bar prohibiting persons with intellectual disability from being sentenced to death or executed, have no effective state or federal remedy. * Sheri Lynn Johnson is the James and Mark Flanagan Professor of Law and Co-director, Cornell Death Penalty Project, Cornell Law School. John H. Blume is the Samuel F. Leibowitz Professor of Trial Techniques and Director, Cornell Death Penalty Project, Cornell Law School. Brendan Van Winkle is the Craig N. Yankwitt Capital Punishment Fellow, Justice 360.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most