Eligible for Execution: Daryl Atkins and the Death Penalty

by Thomas G. Walker

This riveting and enlightening narrative unfolds on the night of August 16, 1996, with the brutal and senseless murder of Eric Nesbitt, a young man stationed at Langley Air Force Base, at the hands of 18-year-old Daryl Atkins. Over the course of more than a decade, Atkins's case has bounced between the lowest and the highest levels of the judicial system. Found guilty and then sentenced to death in 1998 for Nesbitt's murder, the Atkins case was then taken up in 2002 by the U.S. Supreme Court. The issue before the justices: given Daryl Atkins's mental retardation, would his execution constitute cruel and unusual punishment, in violation of the Eighth Amendment? A 6-3 vote said yes.

Daryl Atkins's situation was far from being resolved though. Prosecutors claimed that Atkins failed to meet the statutory definition of mental retardation and reinstituted procedures to carry out his death sentence. Back in circuit court, the jury returned its verdict: Daryl Atkins was not retarded. Atkins's attorneys promptly filed a notice of appeal, and the case continues today.

Drawing on interviews with key participants; direct observation of the hearings; and close examination of court documents, transcripts, and press accounts, Thomas G. Walker provides readers with a rare view of the entire judicial process. Never losing sight of the stakes in a death penalty case, he explains each step in Atkins's legal journey from the interactions of local law enforcement, to the decision-making process of the state prosecutor, to the Supreme Court's ruling, and beyond. Walker sheds light on how legal institutions and procedures work in real life-- and how they are all interrelated-- to help students better understand constitutional issues, the courts, and the criminal justice system. Throughout, Walker also addresses how disability, race, and other key demographic and social issues affect the case and society's views on the death penalty.

Genres: School, Nonfiction, Politics, Law, Read For School

302 pages, Paperback

First published August 1, 2008

Reviews

[Delaney Wallace · Rating 3 out of 5]

Pretty tedious at some points but overall rly interesting. Now I know a lot abt the death penalty which I suppose is knowledge that could come in handy around my family this holiday season !

[Samuel J · Rating 5 out of 5]

I had to read this book for school. At first glance, I did not expect this book to be of too much interest, but I found it to be riveting by the time I finished the second chapter. Walker writes the story of Daryl Atkins like a novel and brings up important legal precedent when necessary. I can not recommend this book enough.

[Timothy Fewless · Rating 5 out of 5]

Really engaging read

[morgan ˚ ༘♡ ⋆｡˚ ꕥ]

i’m not giving a review bc i had to read for class. good tho, if you’re interest in the judiciary, legal components, or politics.

[Cassidy Boylan]

read for class, was really shocked by how interesting it was! i feel like i can teach a class on death penalty now.

[Vanessa · Rating 3 out of 5]

If you want to develop a better understanding of how the legal system works (especially in relation to the death penalty and why it isn't, in fact, a cheaper or simpler alternative to life sentences), this is a great, informative and accessibly-written book. If you're already fairly familiar with the step-by-step process of trying and appealing a case, you may find parts of this book dry and boring. A significant amount of the text strays away from discussing Daryl Atkins and into the territory of explaining how appeals work, what oral arguments are, etc.

If you don't already know anything about the Daryl Atkins, this will read a bit like a court thriller or mystery novel at parts. I admit, I wasn't familiar with this case when I started the book, and it really did have me on the edge of my seat at times wondering what the outcome would be.

Overall, I liked this book and found it fascinating, but because I already know the basics about how the legal process works (yes, law clerks write petitions for further appellate review, etc.), I was left a bit bored on occasion.

[Joseph R. Howard · Rating 3 out of 5]

More of a text book on court proceedings,players, and structures rather than simply a story of a murder trial. Walker gives a great account of the actual trial of Daryl Atkins and is very indepth in explaining the American justice system. However, the legal wrangling that went on behind the Atkins case, especially the rediculous finding that he was mildly mentally retarded and thus "Ineligible For Execution" left a terrible taste in my mouth! This s.o.b. should have been taken out, tormented, and brutally executed in the same, exact manner in which he did Eric Nesbitt. Damn shame that people like Atkins are allowed to continuously breath air...I guess that "three hots and a cot" with television, radio, smokes, and daily activities are much better than the casket Nesbitt is currently laying in.

[Joe · Rating 3 out of 5]

I really liked the portion of the book that was dedicated to the history of the death penalty in the United States. I learned some very interesting details of cases that I had heard of, but didn't know all the facts about.

[Denise DeRocher · Rating 4 out of 5]

While written on an undergraduate level, this book gives you insight on the legal system, from the city municipal courts all the way to the Supreme Court. A fascinating and heart-breaking true account of American society today.

[Alyssa]

An interesting comprehensive look at the death penalty process from the moment of the crime through the Supreme Court processes.

[Megan · Rating 4 out of 5]

Written by my professor. Pretty interesting look at mental illness and the death penalty.

[Nicholas Demichele · Rating 4 out of 5]

Darrel Atkins is accused of murder and whether or not he should he be executed for the murder.
The book discusses