Summary:

INTELLECTUAL DISABILITY AND THE DEATH PENALTY

There were cases that people with intellectual disabilities being executed in the
past. Definition of Intellectual disabilities by the American Association on Mental
Retardation (AAMR): "significantly sub-average general intellectual functioning
existing concurrently with deficits in adaptive behavior and manifested during the
developmental period."
3 factors must be considered to classify a person as intellectually disabled :
1. A Person with sub-average intellectual functioning (e.g: an I.Q for 70 or below)
2. A Person troubling coping in the everyday world
3. The disability must manifest itself before in adulthood (usually 18 years of age)
(this makes it impossible for defender to fake intellectual disabilities)
People with intellectual disabilities are at a higher risk of wrongful convictions and
death sentences. They may be more likely to falsely confess to a crime because
they want to please the authorities that are investigating the crime. Moreover, they
have difficulties in working with the lawyers. Furthermore , in some cases,
definitions can be limiting. For instance, a person with an IQ of 71 could be
executed.
A case study:
The case of Earl Washington is a poignant example of how those with intellectual
disabilities are more vulnerable in the criminal justice system. Washington was
sentenced to death in 1983 for a crime he did not commit.
Because of his intellectual disability he was induced by police into confessing to
the crime. Despite the fact that he has a DNA alibi, he was still executed.
Washington spent ten years on death row and then several more years in prison
before he was finally released in January of 2001.
Article:
https://www.aclu.org/other/intellectual-disability-and-death-
penalty?fbclid=IwAR0C9OtuZL8e3ZV4BfPkDeUa_yZ9mCDH8MOro-
MDQ9QLoWApAiNhpmOBvII
On June 20, 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that
executing people with intellectual disabilities violated the Eighth Amendment
prohibition against cruel and unusual punishment, overruling its Penry v.
Lynaugh decision in 1989.

The difference, according to the Court, was its finding that a public consensus had
emerged, demonstrating "evolving standards against executing people
with intellectual disabilities."

Between 1989 and 2002, sixteen states outlawed executing intellectually

disabled people, bringing the total to eighteen of the 38 states that have the death
penalty. The Court also looked to public opinion polls that have consistently
shown support for banning executions for people with intellectual disabilities, as
well as international law and opinion that universally condemns the practice.

The ruling means states that have the death penalty are now under a Constitutional
mandate to craft legislation and other procedures to ensure that people
with intellectual disabilities are not executed. It is not an easy task.

Intellectual disabilities are commonly misunderstood. They are defined by the

American Association on Mental Retardation (AAMR) as "significantly sub-
average general intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested during the developmental period." Three factors
must be taken into account in order for a person to be classified as intellectually
disabled.

First, a person must have sub-average intellectual functioning. Intelligence

Quotient (I.Q.) tests are one means of determining sub-average functioning but it
is important not to confuse IQ with intellectual disability. A common standard is
an I.Q. of 70 or below; but numbers alone do not always determine intellectual
disability.

Second, a person must have difficulty coping in the everyday world. People
with intellectual disabilities, particularly in less-severe forms, are often able to be
autonomous members of society, holding jobs, and living without assistance.
However, they have greater difficulty than the average person in dealing with
stressful situations. Their intellectual development and reasoning are limited, as is
their ability to predict cause and effect.
Third, the disability must manifest itself prior to adulthood, which is usually
considered age eighteen. (This third requirement makes it impossible for a
defendant to ""fake"" intellectual disabilities.)

People with intellectual disabilities are at a higher risk of wrongful convictions

and death sentences. They may be more likely to falsely confess to a crime
because they want to please the authorities that are investigating the crime. They
are less able than others to work with their lawyers to help to prepare their
defense. Because of the stigma attached to intellectual disabilities, people with
these disabilities often become adept at hiding it, even from their lawyer, not
understanding the importance of this information to the outcome of the case.

State legislatures across the country are working to bring their laws into
compliance with the Atkins decision, crafting definitions and developing processes
to determine intellectual disabilities.

Definitions can be too limiting. For example, some states, like Idaho, have
defined intellectual disabilities by a fixed IQ number, even though experts agree
that these numbers alone do not determine intellectual disability. Under Idaho
law, someone with an IQ of 71 could be executed, even if he or she otherwise
qualified as intellectually disabled.

Another crucial issue is when the determination is made, and by whom. Advocates
for the intellectually disabled want the decision made pre-trial, by a judge or
unbiased jury, based solely on evidence of intellectual disability. Prosecutors in
states like Virginia and Louisiana have been arguing for the decision to be made
post-conviction by the same jury that found the person guilty of murder. It is clear
that a pre-trial decision makes more sense; if a person is intellectually
disabled and not eligible to be executed, the state saves the hundreds of thousands
of dollars associated with a death penalty prosecution.

Case Study

Earl Washington: The case of Earl Washington is a poignant example of how

those with intellectual disabilities are more vulnerable in the criminal justice
system. Washington was sentenced to death in 1983 for a crime he did not
commit. Because of his intellectual disability he was induced by police into
confessing to the crime. DNA evidence eventually proved his innocence, but not
before Washington came dangerously close to being executed. Washington spent
ten years on death row and then several more years in prison before he was
finally released in January of 2001.