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SLRI Presents: State Constitutions & The Limits Of Criminal Punishments, a symposium at Rutgers Law School | October 24, 2024

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cognitive disability

Does Atkins Make A Difference In Non-Capital Cases?

William & Mary Bill of Rights Journal (2014)

The holding in Atkins v. Virginia is clear. The execution of [intellectually disabled people] … is unconstitutional. One other feature of the Atkins decision is also certain; the reason the 8th Amendment is violated by the use of the death penalty with such convicted defendants. That is because defendants with intellectual disabilities...

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