DPIC Podcast: Discussions With DPIC
Intellectual Disability and the Death Penalty, With Law Professor John Blume
Overview
While stopping short of abolishing the death penalty, the U.S. Supreme Court has taken measures to limit its applicability so that it is used primarily in cases where the defendant had the most culpability. People with intellectual disability are not in that group. Occasionally, states, too, determined that the death penalty could be too harsh as applied to some defendants, and many passed laws exempting people with limited intellectual ability from the death penalty.
The mental health community has provided clear criteria for a finding of intellectual disability: significant limitation in intellectual ability and adaptive behavior, manifesting itself prior to the age of 18.
Although the question of a national ban on the use of capital punishment for those with intellectual disability was rejected by the Supreme Court in 1989 because so few states had taken action on their own, the issue re-emerged in 2002 with a new consensus. Thirty states had either ended the use of the death penalty entirely, or at least for those with intellectual disabilities. In Atkins v. Virginia, the Court held that the nation’s standards of decency had evolved to the point where no such executions should occur. It also concluded that there was little if any deterrent or retributive effect from executing such defendants.
At Issue
The Atkins case was a seminal moment in the history of the death penalty, not only because it spared the lives of a vulnerable class of defendants, but it also provided a blueprint for achieving other limitations on the practice, or even for eliminating it altogether. Even after the Court’s decision in 2002, some states continued to use arcane practices in the determination of intellectual disability, so further supervision has been required.
What DPIC Offers
DPIC traces the history of this important ruling, noting the legislative efforts in various states and the pivotal cases that brought this issue to the fore. It provides access to some of the research regarding how many defendants with intellectual disability have been removed from death row and how states apply this ruling at differing times during the process leading up to sentencing.
News & Developments
News
Nov 04, 2024
United States Supreme Court Sends Case of Alabama Death-Sentenced Prisoner Back to 11th Circuit Court of Appeals
On November 4, 2024, the United States Supreme Courts released its order in the case of Hamm v. Smith, 604 U.S. ___(2024). The petition for certiorari, filed by the State of Alabama last year, involved a prisoner named Joseph Clifton Smith whose death sentence was vacated in 2021 after a United States district court found he had intellectual disability. Mr. Smith had taken five IQ tests, four of which placed his IQ in the low- to mid-70s, the range generally accepted by experts to be…
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Aug 02, 2024
Disability Pride Month Series: How Mitigation Specialists Help Protect Intellectually Disabled Defendants
In honor of Disability Pride Month (July), the Death Penalty Information Center posted a weekly feature highlighting issues related to the death penalty and disability and profiles of individuals who have played key roles in changing the laws to protect prisoners with disabilities. This final post focuses on the role of mitigation…
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Jul 23, 2024
Disability Pride Month Series: Daryl Atkins, Death-Sentenced Prisoner Whose Case Resulted in New Legal Protections for People with Intellectual Disability
This July, in honor of Disability Pride Month, the Death Penalty Information Center is posting a weekly feature highlighting issues related to the death penalty and disability and profiles of individuals who have played key roles in changing the laws to protect prisoners with…
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Jul 15, 2024
Disability Pride Month Series: “National Treasure” Professor James W. Ellis
This July, in honor of Disability Pride Month, the Death Penalty Information Center is posting a weekly feature highlighting issues related to the death penalty and disability and profiles of individuals who have played key roles in changing the laws to protect prisoners with…
Read MoreNews
Apr 01, 2024
Texas Court of Criminal Appeals Removes Henderson County Man from Death Row Citing Intellectual Disability
On March 27, 2024, the Texas Court of Criminal Appeals (TCCA) resentenced death row prisoner Randall Mays to life in prison without the possibility of parole after an expert for the state conceded that the evidence presented by Mr. Mays’ attorneys indicates he is intellectually disabled, and thus ineligible for the death penalty. Originally sentenced to death in 2008 for the murder of two Henderson County, Texas, sheriff’s deputies, Mr. Mays’ attorneys have long argued that he should be…
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