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Retarded Killers May Not Be Executed, U.S. Supreme Court Rules
Bloomberg.com ^ | 6/20/02 | Greg Stohr

Posted on 06/20/2002 7:39:02 AM PDT by GeneD

Edited on 07/19/2004 2:10:03 PM PDT by Jim Robinson. [history]

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To: chookter; marcleblanc
I, in fact, am a tall, blonde guy with blue eyes. Are you racially profiling me?

Yes he is.

And, worse than that, I believe he is assuming that tall blond blue-eyed guys are "nazis."

You, of course, remember those.

The death and destruction worshipping followers [Usually known as islamanazis] of the death and destruction worshipping false fuerher, totalitarian and insane pedophile, Reichfuerher Mohammed, have been those ever since that barbaric pagan-heathen prototype totalitarian kicked off his thirteen-hundred-year reich.

And for a decade or so beginning in the 1930s that not untypical product of EUrope, the death and destruction worshipping, totalitarian-socialist and false prophet, Herr Shickelgruber [AKA Mr Hitler and as "One-Ball"] -- to whom the cheese-eating surrender monkeys [AKA "the FRench] quickly surrendered and and with whom subsequently collaborated -- also led a bunch of his fellow EUropeans, some of whom were tall, blonde guy with blue eyes -- and called them "nazis."

The "nazis'" descendents; all of whom are totalitarian socialists; most of whom still think and act like Hitler's nazis; all of whom suffer from the "liberal" disease, Psychopathological Projection Syndrome -- and many of whom have migrated to the few acres of ice and snow to our North -- believe that anyone who arouses in them the base feelings [Envy, hatred, rage, etceteras] which drive all totalitarians -- must be "a nazi."

And must therefore, quod erat demunstrandum, be a tall blond guy with blue eyes!

Get it?

[Phew!]

121 posted on 06/20/2002 12:12:48 PM PDT by Brian Allen
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Comment #122 Removed by Moderator

To: GeneD
This violates the 14th Amendment of equal protection under the law. This essentially creates two separate systems of justice, one for retards and one for everyone else. Can someone explain how the HELL it makes sense that you can execute a genius but not a retard? What kind of insane backwards world are we living in. A retard that commits several murders is like a rabid animal that needs to be put down. Not killed with malice but merely removed from society so they can no longer murder others.
123 posted on 06/20/2002 3:05:21 PM PDT by Godel
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To: CT
If I recall correctly, the inmate was quated as saying, "leave the pie and I will eat the rest when I get back," as he was led off to the executioner's table.

Yeah. I'd say that guy wasn't all there.

Like it matters whether the worthless b*st*rd was all there or not.

124 posted on 06/20/2002 4:19:33 PM PDT by Age of Reason
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To: Godel
Can someone explain how the HELL it makes sense that you can execute a genius but not a retard?

It doesn't.

The assumptions surrounding such concepts as genius and retardation are faulty.

When viewed from the perspective of evolution, the average IQ is the ideal IQ; those of lower or higher IQ's are equally handicapped--being scarce, they are losers in the Darwinian race for survival.

There are many different forms of intelligence.

Someone with a low IQ can still have a genius for evil.

125 posted on 06/20/2002 4:39:12 PM PDT by Age of Reason
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To: marcleblanc
What is that all about?!?! Is that what we call drivel? And you dare calling me a racist?... sigh....

It is about Quebecois?!?!?Well ... um ... yes, come to think of it, it's fairly drivelly. It's kinda responding to the ridiculous with the even more ridiculous?And, no, I would not dare call you a racist.....sigh -- but I did note your racist remarks and comment upon them.

126 posted on 06/20/2002 5:57:55 PM PDT by Brian Allen
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To: marcleblanc
Don't know if anybody has offered these thoughts, so here goes...

One could argue that executing a low-IQ individual is less cruel than executing a higher-IQ individual who is aware and worried over his/her upcoming execution.

Second, this is the same Supreme Court that allows the execution of innocent, pre-born babies with an IQ of zero without due process. Interesting, eh?

127 posted on 06/20/2002 7:18:10 PM PDT by CounterCounterCulture
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To: GeneD
Here are the contents of two e-mails I received today regarding this case and the Catholic bishops' involvement in the Supreme Court decision.

dajjal

---------------------------------

Seems the bishops are still clear voices of moral authority who are guiding a nation to righteousness ...

On August 16, 1996, Daryl Renard Atkins and his friend, William Jones, were smoking pot and drinking beer at Atkins' house when they ran out of beer. They went to a convenience store to buy some more beer, only to discover that they didn't have enough money. Atkins volunteered to panhandle in the store's parking lot to get the extra money. Eric Nesbitt happened to walk into this situation. Atkins asked Nesbitt for some money to buy more beer. Nesbitt declined Atkins' request.

Too bad ... Atkins REALLY needed beer -- REALLY NEEDED BEER -- and so the only solution was to kill Nesbitt and take his money ... Less than ideal for Nesbitt, but Atkins got his beer and that's what is important ...

When the police came by to arrest him, Atkins tried to frame Jones. The mean-spirited Virginia prosecutors used this point in painting Atkins as more than just a threat to the public ... that, in their words, he was not only "dangerous," but "vile" ... ("Vile" ... What a mean thing to say !!!!) ...

Happily some people saw that Atkins was only misguided ... That he was a lost sheep needing love ... The American Catholic Bishops offered to help !

Suddenly it was discovered that Atkins wasn't just a guy who valued beer over other people's lives ... No, Atkins was "a mentally retarded offender" ... I thought the PC term was "a specially challenged offender," but lets move on ...

In his opinion on why Atkins cannot be executed for killing Nesbitt to get beer money, Supreme Court Justice Stevens states that "mentally retarded persons ... because of their disabilities in areas of reasoning, judgment, and control of their impulses ... do not act with the level of moral culpability that characterizes the most serious adult criminal conduct."

This is the "national consensus" ... As proof of a such a consensus, Stevens cited the Amici Curiae filed by the United States Catholic Conference (NCCBUSCC) ... Just when things were darkest, we see that it IS, as promised, "The Springtime in the Church" !!! The bishops are listened to as an unfailing voice of moral authority !!!

http://supct.law.cornell.edu/supct/html/00-8452.ZO.html

The bishops helped shape a NATIONAL CONSENSUS !!! --- Three Cheers For The Bishops !!!!

But not everyone is cheering NCCBUSCC ! ???

That mean old ogre, Justice Scalia mocks Justice Stevens for citing the NCCBUSCC : http://supct.law.cornell.edu/supct/html/00-8452.ZD1.html

"But the Prize for the Court’s Most Feeble Effort to fabricate 'national consensus' must go to its appeal ... to the views of assorted professional and religious organizations, members of the so-called 'world community,' and respondents to opinion polls.... I agree with the Chief Justice ... that the views of professional and religious organizations and the results of opinion polls are irrelevant ... and in some cases positively counter-indicative. The Court cites, for example, the views of the United States Catholic Conference, whose members are the active Catholic Bishops of the United States.... The attitudes of that body regarding crime and punishment are so far from being representative, even of the views of Catholics, that they are currently the object of intense national (and entirely ecumenical) criticism."

The news reports show that only 111 of the nation's 178 Catholic dioceses were engaged in active cover-ups of priests raping ... sorry ... "outreaching to" ... 10 year olds. Why would Scalia think that that makes their views on crime and punishment suspect ??? If you picked 178 names out of the phone book, probably 111 also have at some time in their lives covered up for a serial muderer or serial rapist or a bank robber or a terrorist or something ...

OK, maybe not 111 out of 178 people randomly picked from the phone book, but enough to form a "national consensus" with the NCCBUSCC at the front, leading the way !!!! Are you telling me that 111 out of 178 people randomly picked from the phone book haven't given $450,000 of hush money to their gay lovers ... ???

Scalia also mocks Stevens use of the Amici Curiae filed by the European Union.

"Equally irrelevant are the practices of the 'world community,' whose notions of justice are (thankfully) not always those of our people. 'We must never forget that it is a Constitution for the United States of America that we are expounding. … [W]here there is not first a settled consensus among our own people, the views of other nations, however enlightened the Justices of this Court may think them to be, cannot be imposed upon Americans through the Constitution.' Thompson, 487 U.S., at 868â€"869, n. 4"

Why the mocking ??? When the so-called "Pedophile Priest" scandal broke the NCCBUSCC tried to remind everyone that in some countries people got married at 9 or 10 years of age and so, in covering up for the pedophile priests, the American Catholic Bishops were just looking at things from a "global" viewpoint -- not just a NARROW American viewpoint ... Aren't we supposed to "Think Globally" ???"

If it works for pedophilia, why can't it work killing people for beer money ...

I'm sure people get killed for beer money all over the world ... Why can't we just follow the bishops and use that as our "World Consensus" in interpreting U.S. law ??? Like the NCCBUSCC says, if they do it in Sierra Leone, we ought to do it here !!!

A final point : I remember from my days of drinking that being drunk produced "disabilities in areas of reasoning, judgment, and control of ... impulses" ... So does that mean that everything I do while drunk is legal ???

After all, drunks, have "disabilities in areas of reasoning, judgment, and control of their impulses" and so "do not act with the level of moral culpability that characterizes the most serious adult criminal conduct."

Come on, Cardinal Law, help me out with this ...

-------------------------------------------

I was doing some reading about this and learned that

* Eric Nesbitt was a 21 year old airman stationed at Langley Air Force Base (So the bishops score a double victory : Saving Atkins and removing a cog from the evil war machine)

* Atkins shot Nesbitt eight times (Guess when you are mentally retarded, you don't know that one or two bullets are enough)

* When Nesbitt refused to give him money, a frustrated Atkins smashed a bottle over Nesbitt's head. Going through Nesbitt's wallet, Atkins was angered that there was only $60. Atkins and his drinking buddy, William Jones, hustled Nesbitt back into his car and took his keys. Abducting Nesbitt, they lead him at gun point to an ATM machine and forced him to withdraw an additional $200 in beer money.

* This wasn't Atkins' first run in with the law. Though only 18 years old, Atkins Atkins had at 18 prior felony convictions for such crimes as attempted robbery, robbery, carjacking, abduction, breaking and entering with the intent to commit larceny, grand larceny, maiming, and use of a firearm. Why wasn't Atkins rotting in jail ??? He was a minor and promised to reform.

* Once, for no reason the courts could determine, Atkins shot a woman through the stomach. Kids do the DARNDEST things ... Just ask Art Linkletter !!!!

* Atkins claimed the gun that was used on Nesbitt wasn't his ... A friend named "Mark," whose last name he didn't know and whose address he didn't know, asked him to hold it for the night ... "Mark," said he was going to pick the gun up in the morning, but Atkins now realized that "Mark" was trying to frame him for Nesbitt's murder.

* OPPS !!! --- The camera foottage from the ATM shows Atkins and Jones holding the gun to Nesbitt's head as Nesbitt withdraws the money. "Mark" nowhere to be seen ...

* Jones admits they killed Nesbitt because they worried that Nesbitt would be able to identify them. Jones wanted to just tie up Nesbitt and leave him in a field to die of starvation and exposure. Atkins thought Jones's plan was stupid (Retarded???), but agreed.

* Atkins knew the prefect place -- his grandfather's house out in the woods! When questioned by the police, Atkins could not explain how "Mark" knew about Atkins' grandfather's farmhouse. That "Mark" is a criminal mastermind !!!

* According to Jones, Nesbitt begged that they could take whatever he had as long as they don't kill him. Jones thought that all three had come to an understanding that Nesbitt would be tied up and left in a field, but that if he managed to survive, he would not testify against Atkins or Jones. The pair took "no more than two steps" away from Nesbitt when Atkins turned around and repeatedly shot him in the stomach (AGAIN WITH THE STOMACH !!!) ... Jones, trying to stop him, grabs Atkins, causing him to accidently shoot himself in the leg.

* Atkins and Jones get back into Nesbitt's car and Jones drives the cursing, bleeding Atkins to the hospital and, after splitting the money, dumps him there.

* Having to explain his gunshoot at the hospital emergency room, Atkins claimed it was a freak accident, but there were also signs of some kind of fight or struggle. Since it was a gunshot, as routine proceedure, the hospital notified the police, creating a chain of evidence that eventually convicted Atkins.

* The Virginia court was aware that Atkins was a little dim, but their standard was "can he tell right from wrong." A battery of psychologists concluded that he could.

* Jones got one-life sentence + 3 years for his role in Nesbitt's murder. Jones was orginally charged with three life sentences and possible execution, but the DA reduced it to one life sentence and removed the possibility of execution in exchange for Jones' testimony. The extra 3 is for illegal possession of a firearm.

* I found some court documents, and their language goes beyond what I found in the press clippings :

http://www.courts.state.va.us/txtops/1000395.txt

Atkins conduct was "outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder..."

* Eric Nesbitt was a 21 year old airman stationed at Langley Air Force Base (So the bishops score a double victory : Saving Atkins and removing a cog from the evil war machine)

* Atkins shot Nesbitt eight times (Guess when you are mentally retarded, you don't know that one or two bullets are enough)

* When Nesbitt refused to give him money, a frustrated Atkins smashed a bottle over Nesbitt's head. Going through Nesbitt's wallet, Atkins was angered that there was only $60. Atkins and his drinking buddy, William Jones, hustled Nesbitt back into his car and took his keys. Abducting Nesbitt, they lead him at gun point to an ATM machine and forced him to withdraw an additional $200 in beer money.

* This wasn't Atkins' first run in with the law. Though only 18 years old, Atkins Atkins had at 18 prior felony convictions for such crimes as attempted robbery, robbery, carjacking, abduction, breaking and entering with the intent to commit larceny, grand larceny, maiming, and use of a firearm. Why wasn't Atkins rotting in jail ??? He was a minor and promised to reform.

* Once, for no reason the courts could determine, Atkins shot a woman through the stomach. Kids do the DARNDEST things ... Just ask Art Linkletter !!!!

* Atkins claimed the gun that was used on Nesbitt wasn't his ... A friend named "Mark," whose last name he didn't know and whose address he didn't know, asked him to hold it for the night ... "Mark," said he was going to pick the gun up in the morning, but Atkins now realized that "Mark" was trying to frame him for Nesbitt's murder.

* OPPS !!! --- The camera foottage from the ATM shows Atkins and Jones holding the gun to Nesbitt's head as Nesbitt withdraws the money. "Mark" nowhere to be seen ...

* Jones admits they killed Nesbitt because they worried that Nesbitt would be able to identify them. Jones wanted to just tie up Nesbitt and leave him in a field to die of starvation and exposure. Atkins thought Jones's plan was stupid (Retarded???), but agreed.

* Atkins knew the prefect place -- his grandfather's house out in the woods! When questioned by the police, Atkins could not explain how "Mark" knew about Atkins' grandfather's farmhouse. That "Mark" is a criminal mastermind !!!

* According to Jones, Nesbitt begged that they could take whatever he had as long as they don't kill him. Jones thought that all three had come to an understanding that Nesbitt would be tied up and left in a field, but that if he managed to survive, he would not testify against Atkins or Jones. The pair took "no more than two steps" away from Nesbitt when Atkins turned around and repeatedly shot him in the stomach (AGAIN WITH THE STOMACH !!!) ... Jones, trying to stop him, grabs Atkins, causing him to accidently shoot himself in the leg.

* Atkins and Jones get back into Nesbitt's car and Jones drives the cursing, bleeding Atkins to the hospital and, after splitting the money, dumps him there.

* Having to explain his gunshoot at the hospital emergency room, Atkins claimed it was a freak accident, but there were also signs of some kind of fight or struggle. Since it was a gunshot, as routine proceedure, the hospital notified the police, creating a chain of evidence that eventually convicted Atkins.

* The Virginia court was aware that Atkins was a little dim, but their standard was "can he tell right from wrong." A battery of psychologists concluded that he could.

* Jones got one-life sentence + 3 years for his role in Nesbitt's murder. Jones was orginally charged with three life sentences and possible execution, but the DA reduced it to one life sentence and removed the possibility of execution in exchange for Jones' testimony. The extra 3 is for illegal possession of a firearm.

* I found some court documents, and their language goes beyond what I found in the press clippings :

http://www.courts.state.va.us/txtops/1000395.txt

Atkins conduct was "outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder..."

128 posted on 06/20/2002 8:59:39 PM PDT by Dajjal
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To: Gaston
There are as many people with an IQ of 70 and below as 130 and above. And now the former can kill knowing that they will never be executed.
129 posted on 06/20/2002 9:10:27 PM PDT by maro
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To: GeneD
Different case, same concept.
130 posted on 06/20/2002 9:11:57 PM PDT by Dajjal
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To: GeneD
A really stupid decision. Now the floodgates of litigation will really open and you can expect murderers both on and off Death Row to claim "diminished" I.Q in a bid to beat the death penalty. The U.S Supreme Court has really outdone itself this time in giving the murderer loving crowd a potent weapon in their ongoing campaign to make life more pleasant for murderers in America.
131 posted on 06/20/2002 9:18:58 PM PDT by goldstategop
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To: Age of Reason
I agree, he's gone now & what matters is the rest of the world is safe from him. Let him eat his pie when he's burning in HELL!
132 posted on 06/21/2002 5:45:11 AM PDT by HELLRAISER II
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