Reference no: EM133794160

Case: What if a state passes a law that some believe conflicts with federal law?

The Eighth Amendment provides: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

With respect to the death penalty, you may recall that the Eighth and Fourteenth Amendments of the Constitution do not permit the execution of a person with an intellectual disability. Review Atkins v. Virginia, 536 U. S. 304 (2002).

But how do we know when a person has an intellectual disability? What level of intellect does a person have to have to permit the use of the death penalty?

Your client, Buddy Bluebook, 24 years old, was convicted of killing his employer after his employer fired him. At the time, Buddy''s job responsibilities included delivering mail to the company''s various divisions and taking outgoing mail to the post office at the end of each day. Buddy got the job through a non-profit organization that helps adults with intellectual disabilities find work.

The state in which Buddy lives recently enacted a new law that permits the execution of persons with intellectual disabilities. The state''s prosecutor seeks to execute Buddy. Buddy''s attorney argues that, given Atkins, Buddy cannot be executed.

The state law at issue provides that if: (a) the person convicted of murder scored above 75 on an IQ test; (b) a trial court concluded that the crime required forethought, planning, and complex execution; and (c) at least three lay witnesses could testify that the defendant was not intellectually disabled, then he could be executed.

Buddy scored 76 on the IQ test. Buddy was physically and mentally abused as a child. He left school in the ninth grade.

Question 1. Can Buddy be executed? What major theories or practices from allied fields (e.g., education, healthcare, public policy, psychology, sociology, etc.) are advanced about determining the extent of intellectual disabilities? How can such data be used in Buddy''s legal case, whether by the prosecution or the defense?

Question 2. What does your state provide regarding the death penalty?(Georgia) How does it compare to the Eighth Amendment? Be sure to carefully review whether your home state is still enforcing the death penalty. Provide data about how the residents of this state feel about whether it still enforces the death penalty or not.

Question 3. If you could change the Eighth Amendment, set forth how you would alter it so that it can be clearer regarding what is "cruel and unusual" punishment.

a. Document how and why you would do so, and articulate how these elements influenced the specific language you chose for your proposed change.

b. Assess the significance of your proposed change in light of the major debates or developments you have analyzed in this Discussion.

Please be sure to cite your sources.