The petition filed in 2001 by the Supreme Court of the United States in McCarver v. Does North Carolina address Eighth Amendment concerns? Does it properly demonstrate that the execution of a mentally retarded person who has been convicted of a capital offense is a direct violation of this amendment? The 2001 petition filed by the United States Supreme Court in McCarver v. Does North Carolina Address Eighth Amendment Concerns. ?Does it correctly demonstrate that the execution of a mentally retarded person who has been convicted of a capital crime is a direct violation of this amendment?The Eighth Amendment states that "excessive bail shall not be demanded, nor excessive fines imposed, nor cruel and unusual punishments inflicted. .” (United States Constitution, nd). The question of this brief is to execute those who are mentally retarded, a cruel and unusual punishment given their mental capabilities? If a person is mentally retarded and commits a capital crime (e.g., murder), should the death penalty be imposed? be applied? The APA and the American people believe that this type of punishment for those who are mentally retarded is a cruel form of punishment and should not be allowed (APA, 2013). The American cultural view is that executing those who are mentally retarded is contrary to our morals and values. Instead, the Amicus brief provided by the APA helps provide a set of procedures to follow when dealing with capital crimes committed by the mentally incompetent (APA, 2013). The United States Supreme Court ruled that executing those suffering from mental retardation is cruel and unusual punishment and voted 6-3 to use other means of punishment for these individuals (APA, 2013). In the case of A...... middle of paper ...... those who are less fortunate. Stand up for a cause when others are unable to do so. Not everyone in prison is always guilty. Remember that some people are pressured to admit to a crime they never committed. People suffering from mental retardation constitute such a group of people. As the psychology profession has shown, it is important to follow the facts and understand the situation before treatment can begin. Although advocates are working to help those suffering from this problem, a simple solution has not yet been found. Many states and courts still disagree on the terminology that defines a person as mentally retarded and the definition can be very gray. With education, time, and advocates, those who truly suffer from this disease can seek intervention while maintaining their rights protected by the U.S. Constitution and the Eighth Amendment..