The effects of cognitive disability evidence on death penalty dispositions: an analysis post Atkins v. Virginia

摘要

Concerns over the use of the death penalty for criminal offenders who claim or are suspected of 'mental retardation' were central to the US Supreme Court's decision in Atkins v. Virginia (2002), which abolished capital punishment for those with diagnosed cognitive disability. This research explores the varying effects of the evidence of cognitive disability on death penalty dispositions post Atkins v. Virginia. More specifically, this research provides an analysis of significant factors surrounding state supreme court cases where the defendant had demonstrated some evidence of cognitive disability (illustrated by at least one reported IQ score below the standard cutoff), but the court deemed this evidence insufficient, resulting in a disposition in favor of the prosecution. Findings indicate that the state courts are adhering to the precedent set in Atkins in most cases.