---
title: 'Intellectual Disability'
subtitle: 'It is unconstitutional to impose the death penalty upon individuals with intellectual disability. Nevertheless, poor legal representation and onerous state evidentiary requirements still result in death sentences and executions of intellectually disabled defendants.'
description: 'It is unconstitutional to impose the death penalty upon individuals with intellectual disability. Nevertheless, poor legal representation and onerous…'
canonical: 'https://deathpenaltyinfo.org/policy-issues/biases-and-vulnerabilities/intellectual-disability'
section: topics
date: '2017-10-12T13:46:17-04:00'
updated: '2025-03-14T14:21:47-04:00'
source: 'Death Penalty Information Center'
---

Overview
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The question of a national ban on the use of capital punishment for those with intellectual disability was initially rejected by the United States Supreme Court in 1989, in part because at that time only a few states had adopted legislation that protected this vulnerable group of people from the death penalty. The Court found insufficient evidence that society disapproved of the practice. But just 13 years later, there was a new consensus. Thirty states had either ended the use of the death penalty entirely, or had specifically exempted people with intellectual disabilities. In *Atkins v. Virginia (*2002)*,* the Court held that was evidence that society no longer supported the execution of people with intellectual disability. The Court also noted the special vulnerabilities of people in this group, including the risk that they would falsely confess, and concluded that the traditional justification of deterrence for this group was not applicable.

At Issue
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The *Atkins* case was a seminal moment in the history of the death penalty, not only because it had the potential to spare the lives of many vulnerable defendants, but also because the Court's rationale provided a blueprint for achieving other limitations on its use. But the Court left the critical decision of determining who had intellectual disability to each state -- leading to a patchwork of inconsistent laws and practices that left some people without the protection they deserved.

What DPIC Offers
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DPIC traces the history of this important ruling, noting the legislative efforts in various states and pivotal cases. It provides access to research regarding how many defendants have been found to have intellectual disability and removed from death row, and how states have complied with this ruling.