Atkins v. Virginia, 536 U.S. 304, 29 (2002)

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332

ATKINS v. VIRGINIA

Appendix to opinion of Rehnquist, C. J.

STATE POLL DATE RESPONSE QUESTION
death penalty . . . when the convicted person is mentally retarded?"
NY Patrick Caddell Enterprises, NY Public Opinion Poll, The Death Penalty: An Executive Summary, Q. 27 (May 1989) Ronald Tabak & J. Mark Lane, The Execution of Injustice: A Cost and Lack-of-Benefit Analysis of the Death Penalty, 23 Loyola (LA) L. Rev. 59, 93 (1989) 1989 82% oppose 10% favor 9% don't know "I'd like you to imagine you are a member of a jury. The jury has found the defendant guilty of murder beyond a reasonable doubt and now needs to decide about sentencing. You are the last juror to decide and your decision will determine whether or not the offender will receive the death penalty. Would you favor or oppose sentencing the offender to the death penalty if . . . the convicted person were mentally retarded?"
OK Survey of Oklahoma Attitudes Regarding Capital Punishment: Survey Conducted for Oklahoma Indigent Defense System, Q. C (July 1999) 1999 83.5% should not be executed 10.8% should be executed 5.7% depends "Some people think that persons convicted of murder who are mentally retarded (or have a mental age of between 5 and 10 years) should not be executed. Other people think that 'retarded' persons should be subject to the death penalty like anyone else. Which is closer to

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