| In the seminal 2002 case of Atkins v. Virginia, the United States Supreme Court held that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishment. The Court did not set forth guidelines for defining mentally retarded and instead left it to the states to define the issue individually. State definitions for mental retardation or intellectual disability were examined, including documentation of procedures for Atkins claims. Results indicated significant differences between states in definitions and procedures. Not all states had a statutory ban on executing the mentally retarded, and while most states subscribed to a three-pronged definition modeled after clinical psychiatric definitions, most failed to operationalize the prongs. Additionally, states differed on the burden of proof required to show mental retardation, which party bears that burden, the timing of the showing, who makes the determination of mental retardation, and the standard used to review the determination. These findings suggest that states approach the issue from different perspectives and craft legislation accordingly. |
