Policy Issues

Intellectual Disability

It is unconstitutional to impose the death penalty upon individuals with intellectual disability. But poor legal representation and onerous evidentiary requirements still result in death sentences and executions of intellectually disabled defendants.

DPIC Podcast: Discussions With DPIC

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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News

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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A charcoal grey flag bisected diagonally from the top left corner to the lower right right corner by five parallel stripes in red, pale gold, pale grey, light blue, and green

News

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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News

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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