Persons who defy the stereotypes of intellectual disability at-risk for unlawful execution

What is it about?

The evidentiary standard, beyond a reasonable doubt, is unamenable to the science of clinical diagnosis. Georgia is the only state to use this high standard. The high standard is particularly unamenable to a finding of intellectual disability when persons with intellectual disability defy the standards of the stereotype. This incongruence means that some persons with intellectual disability will not be protected from execution, as per the U.S. Supreme Court ruling in Atkins v. Virginia (2002). As a result of its high standard of proof, Georgia unlawfully executed Warren Lee Hill in 2015.

Featured Image

Why is it important?

The execution of persons with intellectual disability is unconstitutional. As well, given the historic maltreatment of persons with intellectual disability, this policy issue carries social justice implications.