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Cleveland State University

Cleveland State Law Review

2011

Death penalty

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Full-Text Articles in Law

Life, Death, And Iq: It's Much More Than Just A Score: Understanding And Utilizing Forensic Psychological And Neuropsychological Evaluations In Atkins Intellectual Disability/Mental Retardation Cases, John Matthew Fabian, William W. Thompson, Jeffrey B. Lazarus Jan 2011

Life, Death, And Iq: It's Much More Than Just A Score: Understanding And Utilizing Forensic Psychological And Neuropsychological Evaluations In Atkins Intellectual Disability/Mental Retardation Cases, John Matthew Fabian, William W. Thompson, Jeffrey B. Lazarus

Cleveland State Law Review

This article highlights best practices for assessing MR and ID in capital cases with an emphasis on Atkins trial preparation and potential problems the authors have noted through experience. These best practices in Atkins hearings concern issues for the lawyers, forensic psychologists, and neuropsychologists, which include:

1. Practice effects and IQ testing

2. Consistency of IQ scores over time

3. Flynn Effect

4. Malingering versus cognitive suboptimal effort

5. Lack of records indicating pre-age 18 diagnosis of MR/ID

6. Retrospective assessment of adaptive behaviors

7. Death row trends of increasing IQ over the years while incarcerated

8. Maladaptive behaviors versus …