ATKINS v. VIRGINIA

No. 00-8452.

536 U.S. 304 (2002)

ATKINS v. VIRGINIA

United States Supreme Court.

Decided June 20, 2002.


Attorney(s) appearing for the Case

James W. Ellis argued the cause for petitioner. With him on the briefs were Robert E. Lee, by appointment of the Court, 534 U.S. 1122, Mark E. Olive, and Charles E. Haden.

Pamela A. Rumpz, Assistant Attorney General of Virginia, argued the cause for respondent. With her on the brief was Randolph A. Beales, Attorney General.*

Stevens, J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, p. 321. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and Thomas, J., joined, p. 337.


Justice Stevens, delivered the opinion of the Court.

Those mentally retarded persons who meet the law's requirements for criminal responsibility should be tried and punished when they commit crimes. Because of their disabilities in areas of reasoning, judgment, and control of their impulses, however, they do not act with the level of moral culpability that characterizes the most serious adult criminal conduct. Moreover, their impairments can jeopardize the

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