death penalty

In a 5-3 decision in a capital case the Supreme Court rejected a Texas court’s reliance on a 1992 definition of intellectual disability and the use of a number of factors as indicators of intellectual disability which the Court described an “invention…untied to any acknowledged source.”

In Atkins v. Virginia (1992) the Supreme Court held that executing the intellectually disabled violates the Eighth Amendment’s prohibition against cruel and unusual punishment. The Court tasked states with implementing Atkins.

Generally, to be intellectually disabled for purposes of the death penalty a person must have an IQ of 70 or less (adjusted plus or minus five for the standard error of measurement) and “adaptive deficiencies” (an inability to learn basic skills and adjust behavior to changing circumstances) onset as a minor.

In Ake v. Oklahoma (1985) the Supreme Court held that if a criminal defendant’s mental health will be a significant factor at trial the state must ensure that the defendant has access to a “competent psychiatrist who will conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.”

The question the Supreme Court will decide in McWilliams v. Dunn is whether such an expert must be independent of the prosecution.

CSG Midwest
A U.S. circuit court has dismissed claims by several Ohio death-row inmates that a state law on capital punishment unconstitutionally conceals information from them. The November decision affirmed a lower court ruling that the prisoners had no standing because they couldn’t prove harm from the denial of information, The (Toledo) Blade reports.
CSG Midwest
State constitutions were changed and policies on issues ranging from medical marijuana to the death penalty were decided on by voters across the Midwest this November.
In all, 20 ballot proposals were voted on in seven states in the region. Here is a review of some of the proposals that won voter approval.

In a three-page per curiam (unauthored) opinion in Bosse v. Oklahoma, the Supreme Court reversed the Oklahoma Court of Criminal Appeals’ decision to allow victims’ relatives to recommend to the jury that they sentence a defendant to death. Shaun Michael Bosse killed Katrina Griffin and her two children.

In Booth v. Maryland (1987) the Supreme Court held that during sentencing capital juries could only hear victim impact evidence that relates directly to the circumstances of the crime. Four years later in Payne v. Tennessee the Court changed course holding that capital juries could hear evidence relating to the personal characteristics of the victim and the emotional impact of the crime on the victim’s family.

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