United States Supreme Court in the Case of McCarve v. North Carolina in Accordance with the Eight Amendment

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Does the motion filed in 2001 by the U.S. Supreme Court in the case of McCarver v. North Carolina address the concerns of the Eighth Amendment? Does it properly demonstrate that the execution of mentally retarded individual who has been convicted of capital crime is a direct violation of this amendment? Does the motion filed in 2001 by the U.S. Supreme Court in the case of McCarver v. North Carolina address the concerns of the Eighth Amendment? Does it properly demonstrate that the execution of mentally retarded individual who has been convicted of capital crime is a direct violation of this amendment? The Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (U.S. Constitution, n.d.). The question for this brief is executing those that are mentally retarded a cruel and unusual punishment considering their mental capabilities? If a person suffers from mental retardation and commits a capital crime (ex. Murder) should the death penalty be enforced? The APA and American people feel that this type of punishment for those who are mentally retarded is a cruel form of punishment and should not be allowed (APA, 2013). The view of the American culture is that executing those who are mental retarded is against our morale's and values. Instead the Amicus Brief provided by the APA helps to give assistance in using a set of procedures to follow when dealing with capital crimes of the mentally retarded (APA, 2013). The United States Supreme Court ruled that the execution of those who suffer from mental retardation is cruel and unusual punishment and voted in a 6-3 ruling to use alternate means of punishment for these individuals (APA, 2013). In the case of A... ... middle of paper ... ... those who are less fortunate. Stand for a cause when others are unable to stand. Not every person who is incarcerated is always guilty. Remember that some people become pressured to admittance of a crime that they never committed. People who suffer from mental retardation are such a group of people. As the profession of psychology has shown it is important to follow facts and understand the situation before treatment can begin. While the advocates are working towards helping those who suffer from this problem a simple fix has yet to be found. Many states and courts still disagree on the terminology that defines someone as mentally retarded and the definition can be very grey. With education, time and advocates those who truly suffer from this illness can seek intervention and still have their rights protected under the U. S. Constitution and the eighth amendment.

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