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The number of Atkins commutations guesstimated

By Karl R. Keys, Esq.

DPIC has this swag/guesstimate that provides the first & best calculation of cases impacted by the Atkins decision: Prof. John Blume of Cornell University Law School has compiled the cases in which an inmate’s death sentence was reduced because of a finding of mental retardation. His research revealed 83 such reversals since 2002. In Atkins v. Virginia (2002), the U.S. Supreme Court held that it is unconstitutional to apply the death penalty to defendants with mental retardation. The Court did not, however, establish a definition for mental retardation or determine the procedures for proving a claim of retardation. Some states have not yet passed legislation to determine this process. Litigation continues six years after the Atkins decision regarding the possible retardation of those on death row...continue to full post

Full post as published by Capital Defense Weekly on May 31, 2008 (boomark / email).