Death Penalty

            On June 20, 2002 the Supreme Court of the United States handed down a monumental decision in Atkins vs. Virginia, declaring in a six to three decision, that it is unconstitutional for any state to utilize the death penalty on mentally retarded offenders, sparing Daryl Renard Atkins life. In the following days the Supreme Court also made another historical decision by proclaiming, the death penalty verdict in a capital punishment case may only be granted by a jury, and not by a single judge. Neither of these two outcomes abolishes the death penalty, instead the new rulings set guidelines to the controversial issue of the death penalty. The death penalty in its new current state is reflecting this country's movement to viewing this important issue by way of conflict theory rather than that of the past which consisted of an order perspective.
             In the case heard by the Supreme Court, Daryl Renard Atkins was accused of going into a convenience store with a hidden handgun and began to ask people for money. Eric Nesbitt a 21 year old airman entered the store and talked to Mr. Atkins and proceeded to leave. Mr. Atkins then followed Eric to his truck forced his way into it. He then robbed Eric of his money and insisted he drive to an atm to withdraw the remaining cash in his account. After Daryl received all the money from Eric he drove Eric's truck to a deserted field in Yorktown where he shot Eric eight times killing him instantly. Although just listening to the details of the murder makes some wonder how, Daryl who had a clear motive, was not granted the death penalty. In Daryl's defense it is proven fact that he has an IQ of 59, which is equivalent to the ability of a child between the age of nine and twelve. His defense team proved his mildly mental retardation by looking at his school transcripts that showed he had failed the second and tenth grade and received a grade point average of 1.