Brief Amicus Curiae for the European Union in Atkins v. Virginia (Captioned as Mccarver v. North Carolina), United States Supreme Court

Atkins v. Virginia, 436 U.S. 304 (2002)

23 Pages Posted: 12 Jul 2014

See all articles by Richard J. Wilson

Richard J. Wilson

American University - Washington College of Law

Date Written: 2002

Abstract

In 2002, in Atkins v. Virginia, 436 U.S. 304 (2002), the U.S. Supreme Court struck down the death penalty for all those persons who are “mentally retarded,” a term now replaced with “intellectually disabled” following the Court’s decision in Hall v. Florida, USSC, May 27, 2014. The author served as counsel of record for the filing of this brief amicus curiae on behalf of the Petitioner, Daryl Renard Atkins, for the European Union, then composed of 15 countries. It draws primarily on international treaties, declarations and other international sources from the UN, Europe and other regional bodies, as well as international scholarship on execution of those with intellectual disabilities. The brief was drafted with assistance and guidance from other nationally recognized disability rights advocates, whose help was deeply appreciated. It was filed originally in the case of McCarver v. North Carolina, on behalf of the Petitioner, Earnest Paul McCarver. When the Supreme Court dismissed the writ in McCarver as improvidently granted, all amici for the petitioner jointly moved to file their briefs in Atkins, 2001 WL 1682012, and the motion was granted.

Keywords: death penalty for persons with intellectual disabilities

Suggested Citation

Wilson, Richard J., Brief Amicus Curiae for the European Union in Atkins v. Virginia (Captioned as Mccarver v. North Carolina), United States Supreme Court (2002). Atkins v. Virginia, 436 U.S. 304 (2002), Available at SSRN: https://ssrn.com/abstract=2465112

Richard J. Wilson (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue N.W.
Washington, DC 20016
United States

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