Penry v. Lynaugh
Encyclopedia
Penry v. Lynaugh, , sanctioned the death penalty for mentally retarded offenders because the Court determined executing the mentally retarded was not "cruel and unusual punishment" under the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...

. However, because Texas law did not allow the jury to give adequate consideration as a mitigating factor to Johnny Paul Penry's mental retardation at the sentencing phase of his murder trial, the Court remanded the case for further proceedings. Eventually, Penry was retried for capital murder, again sentenced to death, and again the Supreme Court ruled, in Penry v. Johnson
Penry v. Johnson
Penry v. Johnson, , was a United States Supreme Court case decided in 2001. The case concerned whether instructions given to a Texas jury were constitutionally adequate to emphasize the mitigating factor in sentencing of mental retardation...

, , that the jury was not able to adequately consider Penry's mental retardation as a mitigating factor at the sentencing phase of the trial. Ultimately, Penry was spared the death penalty because of the Supreme Court's ruling in Atkins v. Virginia
Atkins v. Virginia
Atkins v. Virginia, , is a case in which the Supreme Court of the United States ruled 6-3 that executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments.-The case:...

, , which, while not directly overruling the holding in "Penry I", did give considerable negative treatment to "Penry" on the basis that the Eighth Amendment allowed execution of the mentally retarded.

Opinion of the Court

The court ruled that the execution of the mentally retarded does not violate the Eighth Amendment's ban on cruel and unusual punishments.

See also


External links

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