But he doesn't look retarded: Challenges to jury selection in the capital case for the mentally retarded client not excluded under Atkins V. Virginia
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
While it is true that in Atkins v. Virginia the United States Supreme Court held that it was unconstitutional to execute the mentally retarded, the Court left it up to the states, both substantively and procedurally, to define and remove the mentally retarded from the pool of death-eligible capital defendants. History teaches us that these procedures and policies will not always remove the mentally retarded from that pool, and that the capital defender is often left defending a death penalty case for a mentally retarded defendant. This article explores the challenges presented in jury selection when that is the case.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
David Steinberg (2004). Kidney Transplants From Young Children and the Mentally Retarded. Theoretical Medicine and Bioethics 25 (4):229-241.
Yael Israely (1985). The Moral Development of Mentally Retarded Children: Review of the Literature. [REVIEW] Journal of Moral Education 14 (1):33-42.
Charles Kielkopf (1971). The Pure Human Dignity of the Mentally Retarded. World Futures 9 (1):106-113.
Sophia Isako Wong (2007). The Moral Personhood of Individuals Labeled “Mentally Retarded”: A Rawlsian Response to Nussbaum. Social Theory and Practice 33 (4):579-594.
Walter Edinger (1994). Expanding Opportunities for Ethics Committees: Residential Centers for the Mentally Retarded and Developmentally Disabled. Cambridge Quarterly of Healthcare Ethics 3 (02):226-.
John H. Blume, Sheri Lynn Johnson & Christopher Seeds, Of Atkins and Men: Deviations From Clinical Definitions of Mental Retardation in Death Penalty Cases.
F. Rohrlich (2000). Causality and the Arrow of Classical Time. Studies in History and Philosophy of Science Part B 31 (1):1-13.
Edward Comstock (2011). Idiocy, Attention, and the Normal Scholastic Prototype. Educational Philosophy and Theory 43 (9):909-923.
John C. Moskop (1983). Competence, Paternalism, and Public Policy for Mentally Retarded People. Theoretical Medicine and Bioethics 4 (3).
Added to index2009-01-28
Total downloads3 ( #284,134 of 1,096,816 )
Recent downloads (6 months)1 ( #273,068 of 1,096,816 )
How can I increase my downloads?