JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Monday, October 17, 2005

High court rules against automatic jury determination of mental retardation
Brandon Smith at 12:43 PM ET

[JURIST] The US Supreme Court [JURIST news archive] ruled Monday that death row inmates [JURIST news archive] do not have an automatic right to a jury trial to determine whether or not an inmate is mentally retarded and therefore ineligible for execution. The unsigned opinion [PDF text] comes three years after the Court barred executions of the mentally retarded [Atkins v. Virginia opinion] because they violated the constitutional ban on cruel and unusual punishment. In Monday's opinion, the Court reiterated its position that states have discretion to set up their own systems for determining whether an inmate is mentally retarded. The Court's ruling overturned a Ninth Circuit decision that said that Robert Smith, on death row for the 1980 murder of a mentally ill woman, was entitled to a jury trial on his claims that he is mentally retarded. In the petition for certiorari, Arizona state attorney Kent Cattani had argued that there is no basis in the constitution for requiring a jury, rather than a judge, to make that determination. AP has more.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 US House votes for 20-week abortion ban
3:57 PM ET, June 19

 UK Supreme Court allows families of Iraq soldiers to sue government
2:28 PM ET, June 19

 AI: China mining companies contributing to Congo rights abuses
12:51 PM ET, June 19

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org