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Of Atkins And Men: Deviations From Clinical Definitions Of Mental Retardation In Death Penalty Cases, John H. Blume, Sheri Johnson, Christopher W. Seeds
Of Atkins And Men: Deviations From Clinical Definitions Of Mental Retardation In Death Penalty Cases, John H. Blume, Sheri Johnson, Christopher W. Seeds
Cornell Law Faculty Publications
Under Atkins v. Virginia, the Eighth Amendment exempts from execution individuals who meet the clinical definitions of mental retardation set forth by the American Association on Intellectual and Developmental Disabilities and the American Psychiatric Association. Both define mental retardation as significantly subaverage intellectual functioning accompanied by significant limitations in adaptive functioning, originating before the age of 18. Since Atkins, most jurisdictions have adopted definitions of mental retardation that conform to those definitions. But some states, looking often to stereotypes of persons with mental retardation, apply exclusion criteria that deviate from and are more restrictive than the accepted scientific and clinical …
The Afterlife Of Ford And Panetti: Execution Competence And The Capacity To Assist Counsel, Christopher W. Seeds
The Afterlife Of Ford And Panetti: Execution Competence And The Capacity To Assist Counsel, Christopher W. Seeds
Cornell Law Faculty Publications
The capacity to assist counsel and communicate a defense once held a central place in assessing competence for execution. Since Ford v. Wainwright (1986), however, courts have discarded this measure, viewing Justice Powell’s concurring opinion, which required only that a prisoner understand the execution as mortal punishment for a capital crime, as the Eighth Amendment rule. In a significant development, the Supreme Court’s decision in Panetti v. Quarterman (2007) - its first interpreting Ford - sends notice that Justice Powell’s statements on the substantive standard are not Ford's rule, providing a long overdue opportunity to address whether executing prisoners with …
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel R. Wiseman
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel R. Wiseman
Scholarly Publications
No abstract provided.