Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
A More Intelligent And Just "Atkins:" Adjusting For The Flynn Effect In Capital Determinations Of Mental Retardation Or Intellectual Disability, Geraldine W. Young
A More Intelligent And Just "Atkins:" Adjusting For The Flynn Effect In Capital Determinations Of Mental Retardation Or Intellectual Disability, Geraldine W. Young
Vanderbilt Law Review
In Atkins v. Virginia, the U.S. Supreme Court declared a ban on all executions of mentally retarded persons. This declaration, however, rings hollow for those mentally retarded defendants and inmates who continue to face death sentences as a result of the inconsistent enforcement of Atkins across jurisdictions. One issue in particular-whether to adjust intelligence-test scores for the phenomenon known as the Flynn Effect-has caused inconsistency among courts and has sparked a contentious battle among experts. It blurs the already-precarious line between life and death. And yet, the Flynn Effect captivates capital defendants and inmates with its promise of adjusting intelligence-test …
Lafler V. Cooper And Aedpa, Nancy J. King
Lafler V. Cooper And Aedpa, Nancy J. King
Vanderbilt Law School Faculty Publications
The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the loss of a favorable plea deal. Less noted, but also worthy of attention, are Lafler’s implications for federal habeas law. Four Justices protested that the Lafler decision violated the federal habeas statute. At the least, the decision expanded habeas review in unexpected ways. Lafler presented the Supreme Court with an unusual opportunity to declare new doctrine on habeas review