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The Hallmark Of A Champion—Or Not, Robert Sanger Jun 2015

The Hallmark Of A Champion—Or Not, Robert Sanger

Robert M. Sanger

Two decisions that just came down, one from the United States Supreme Court and the other from the California Supreme Court. The former is Hall v. Florida and the latter is In re Champion on Habeas Corpus. The Hall and Champion cases, although they do not cite each other, both discuss significant issues with regard to who is eligible for execution under the Atkins decision.

Hall and Champion perpetuate the myth that capital punishment can be imposed accurately and consistently. Additionally, both cases contain serious errors in interpreting science while suggesting that life and death decisions can be based on …

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Full-Scale Intelligence Quotient Test Scores And The Impropriety Of “Ethnic (Or Socio-Economic) Adjustment” In Atkins Cases, Robert Sanger Jan 2015

Full-Scale Intelligence Quotient Test Scores And The Impropriety Of “Ethnic (Or Socio-Economic) Adjustment” In Atkins Cases, Robert Sanger

Robert M. Sanger

After attending this presentation, attendees will gain new information regarding developments in epigenetics which relate to the validity of Full-Scale Intelligence Quotient (FSIQ) scores in determining intellectual disability for the purpose of eligibility of a criminal defendant to be executed if otherwise subject to the death penalty. (Complete Abstract at page 727 of the proceedings: http://www.aafs.org/sites/default/files/2015/2015Proceedings.pdf )

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Iq, Intelligence Testing, Ethnic Adjustments And Atkins, Robert M. Sanger Dec 2014

Iq, Intelligence Testing, Ethnic Adjustments And Atkins, Robert M. Sanger

Robert M. Sanger

In Atkins v. Virginia the U.S. Supreme Court declared that executing the intellectually disabled violated the U.S. Constitution’s Eighth Amendment prohibition against cruel and unusual punishment. In Atkins, the Court relied heavily on medical standards, which indicated that individuals with an IQ of approximately or below seventy and who met the other criteria for intellectual disability were ineligible for the death penalty. Twelve years later, in Hall v. Florida, the Court evaluated a Florida statute that created a bright line rule, making anyone whose IQ was above seventy eligible for execution, regardless of other factors suggesting the defendant was, despite …

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Empiricism In Daubert And The California Supreme Court In Sargon, Robert Sanger Aug 2014

Empiricism In Daubert And The California Supreme Court In Sargon, Robert Sanger

Robert M. Sanger

California has become a Daubert state. In Sargon v. The University of Southern California, the California Supreme Court held that judges are the “gatekeepers” with regard to expert or scientific evidence in this state, just as has been the case in the federal system (and many other states) since the decision in Daubert. Now that California is avowedly a Daubert state, it is important to understand why courtroom evidence – scientific, expert or, for that matter, otherwise – is properly grounded in empiricism. Empiricism is the theory that knowledge is derived from experience. Understanding this empirical basis for both Daubert …

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Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger Dec 2011

Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger

Robert M. Sanger

In the Atkins case, the United States Supreme Court held that it was unconstitutional to execute a person who was intellectually disabled (mentally retarded). An IQ score is evidence that can be considered in making the determination of whether a particular individual is intellectually disabled. Certain prosecution experts seek to add points to the scores of African Americans as a form of "ethnic adjustment" making those individuals more susceptible to being put to death. This article examines the molecular biology issues that may have an effect on whether such points should properly be added.

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