Atkins v. Virginia, 536 U.S. 304, 33 (2002)

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336

ATKINS v. VIRGINIA

Appendix to opinion of Rehnquist, C. J.

STATE POLL DATE RESPONSE QUESTION
penalty or it wouldn't matter . . . if it is true that the murderer is severely mentally retarded?"
US Princeton Research, Newsweek Poll, Q. 16 (Nov. 1995) Samuel R. Gross, Update: American Public Opinion on the Death Penalty—It's Getting Personal, 83 Cornell L. Rev. 1448, 1468 (1998) 1995 83% oppose 9% favor 8% don't know refused "If the convicted person was . . . mentally retarded, would you favor or oppose the death penalty?"
US Peter Hart Research Associates, Inc., Innocence Survey, Q. 12 (Dec. 1999) 1999 58% strongly/ somewhat favor 26% strongly/ somewhat oppose 12% mixed/ neutral 4% not sure ". . . [F]or each proposal I read, please tell me whether you strongly favor, somewhat favor, have mixed or neutral feelings, somewhat oppose, or strongly oppose that proposal . . . . [P]rohibit the death penalty for defendants who are mentally retarded."
US Peter Hart Research Associates, Inc., Innocence Survey, Q. 9 (Dec. 1999) 1999 72% much/ somewhat less likely 19% no difference 9% not sure 47% much less likely "Suppose you were on a jury and a defendant was convicted of murder. "Now it is time to determine the sentence. If you knew that the

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