Argument: October 2, 2018
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Madison: The Eighth Amendment PROHIBITS a state from executing a prisoner whose mental disability leaves him with no memory of the commission of the capital offense.
The Eighth Amendment’s prohibition of cruel and unusual punishment PRECLUDES a state from executing a prisoner who suffers from severe cognitive dysfunction such that he cannot remember the crime for which he was convicted or understand the circumstances of his scheduled execution?
Alabama: The Eighth Amendment DOES NOT PROHIBIT a state from executing a prisoner whose mental disability leaves him with no memory of the commission of the capital offense.
The Eighth Amendment’s prohibition of cruel and unusual punishment DOES NOT PRECLUDE a state from executing a prisoner who suffers from severe cognitive dysfunction such that he cannot remember the crime for which he was convicted or understand the circumstances of his scheduled execution?