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Full-Text Articles in Supreme Court of the United States
Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle
Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle
Washington and Lee Journal of Civil Rights and Social Justice
Twenty years ago, in Atkins v. Virginia, the Supreme Court of the United States held that the Eighth Amendment prohibited states from executing persons with intellectual disability. While the Court’s decision is laudable and has saved many of the most vulnerable persons from the executioner, its effect has been undermined by recalcitrant states attempting to exploit language in the opinion permitting states to create procedures to implement the (then) new categorical prohibition. In this article, we examine how some states have adopted procedures which are fundamentally inconsistent with the clinical consensus understanding of the disability and how one state, …
Texas, The Death Penalty, And Intellectual Disability, Megan Green
Texas, The Death Penalty, And Intellectual Disability, Megan Green
St. Mary's Law Journal
Abstract forthcoming
"Outsmarting" Death By Putting Capital Punishment On Life Support: The Need For Uniform State Evaulations Of The Intellectually Disabled In The Wake Of Hall V. Florida, Taylor B. Dougherty
"Outsmarting" Death By Putting Capital Punishment On Life Support: The Need For Uniform State Evaulations Of The Intellectually Disabled In The Wake Of Hall V. Florida, Taylor B. Dougherty
Brooklyn Law Review
While the Supreme Court has yet to hold capital punishment per se unconstitutional, the Court has exempted certain groups of individuals from being eligible for capital punishment, due to concerns about the protection against cruel and unusual punishment provided for in the 8th Amendment. One such group is individuals who are intellectually disabled (the term which replaced the long-used mental retardation). But in exempting such individuals from capital punishment in its decision in Atkins v. Virginia, the Court left it to the states to establish metrics for determining which defendants are in fact intellectually disabled so as to warrant …