The Supreme Court most recently determined that the death penaltyviolates the Eighth Amendment. In Ring v. Arizona, and Atkins v.Virginia, the Supreme Court placed new and significant limitations onthe death penalty. In Atkins, the Supreme Court decided that executinga retarded person violates the Eighth Amendment's prohibition on crueland unusual punishment.
The September 2002 issue of Prison Legal News reports that "In Atkins,the Court recognized that execution of the retarded was permitted atthe time our constitution was written, but held that it now violatedour 'evolving standards of decency.'" In the Ring decision the Courtdetermined that juries will now "determine the existence of any factorneeded for imposition of the death penalty." It has yet to be determined how many states other than Arizona will be affectedby the Ring decision.