The execution of mentally retarded persons does not violate the prohibition against cruel and unusual punishment contained in the Eighth Amendment if the persons are provided their due process rights.

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The U.S. Supreme Court ruled in Atkins v. Virginia (2002) that executing individuals with intellectual disability (formerly referred to as mental retardation) violates the Eighth Amendment's ban on cruel and unusual punishment, regardless of the provision of due process rights.

The Execution of Mentally Retarded Persons Does Not Violate the Prohibition