The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 23, No. 2, December

A Tale of Two (and Possibly Three) Atkins: Intellectual Disability and Capital Punishment Twelve Years after the Supreme Court's Creation of a Categorical Bar
INTRODUCTIONIn 2002, following a consistent trend of state legislative action prohibiting the use of the death penalty for defendants with intellectual disability,1 the United States Supreme Court overruled its thirteen-year-old decision of Penty v....
Challenges of Conveying Intellectual Disabilities to Judge and Jury
The issue of defendants with intellectual disabilities (mental retardation)1 and the criminal justice system is not new. The difficulties encountered by individuals with intellectual disabilities (ID) in the criminal justice system was brought to the...
Does Atkins Make a Difference in Non-Capital Cases? Should It?
I. AN OVERVIEWThe holding in Atkins v. Virginia1 is clear. The execution of mentally retarded defendants, those people with intellectual disabilities, is unconstitutional. One other feature of the Atkins decision is also certain, the reason the Eighth...
Everyone Forgets about the Third Amendment: Exploring the Implications on Third Amendment Case Law of Extending Its Prohibitions to Include Actions by State Police Officers
INTRODUCTIONThe Third Amendment of the Constitution states, "[n]o Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."2 Though this provision may seem...
Hall V. Florlda: The Supreme Court's Guidance in Implementing Atkins
In Atkins v. Virginia,' theU.S. Supreme Court concluded that criminal defendants with mental retardation could not be sentenced to death or be executed because such an execution would constitute cruel and unusual punishment and therefore was prohibited...
Scientizing Culpability: The Implications of Hall V. Florida and the Possibility of a "Scientific Stare Decisis"
INTRODUCTION..................................................415I. The Radical Move in Hall ...................................417II. The Implications of Hall-A Scientific Stare Decisis? ..........424Conclusion ...................................................428IntroductionWhen...
Sentencing Roulette: How Virginia's Criminal Sentencing System Is Imposing an Unconstitutional Trial Penalty That Suppresses the Rights of Criminal Defendants to a Jury Trial
You don't gamble to win. You gamble so you can gamble the next day.-Bert Ambrose1INTRODUCTIONThe imposition by juries of unusually harsh sentences upon criminal defendants in Virginia is a serious problem. Hardly a month goes by where there is not a...
The Daryl Atkins Story
INTRODUCTION.................................................364I. Riding the Coattails of the McCarver Lightning Strike........364n. Luck's Hand in Winning A tkins: State Legislation, Changing Winds about Innocence and the Risk of Wrongful Executions...
The True Legacy of Atkins and Roper: The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty's Unraveling
INTRODUCTION..................................................488I. The Evolution of the "Unreliability Principle"................493A. The Conventional Account: Atkins and Roper as Proportionality Cases......................................493B. The...
Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.