The editors of the Birmingham News in Alabama recenlty called upon a trial court to overrule a jury’s 10-2 recommendation for death in the case of Esaw Jackson because of his mental disabilities. While noting that in many states Jackson would not even be eligible for the death penalty following a non-unanimous vote, the News added that an IQ test, conducted by a state expert on Jackson, showed an IQ of 56, well below the level that generally indicates an intellectual disability. In 2002, the U.S. Supreme Court held that those with intellectual disabilities (mental retardation), cannot be sentenced to death. The editors pointed out, “There are a number of reasons why intellectual disabilities are a reason for leniency: It stands to reason that someone without adequate intellectual capacity should not bear full legal responsibility for their actions. A strong case also can be made that people with diminished mental capabilities are at a disadvantage when it comes to defending themselves. Some intellectually disabled defendants, for instance, have confessed to crimes they didn’t commit.” The editorial concluded, “If Jackson is intellectually incapable of bearing full responsibility for his actions, he not only should not be put to death - he cannot be under the law. Staging not just one but two capital trials was a colossal waste of time and money. [The judge] can avoid throwing more money down the drain by simply sentencing Jackson to life in prison with no chance for parole.”

(“OUR VIEW: This is one case where a judge should overrule a jury’s recommendation regarding a death sentence,” Birmingham News, editorial, June 13, 2012). See Intellectual Disability. Read more Editorials. Listen to DPIC’s podcast on Mental Illness.

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