intellectual disability

Intellectual Disability, Categorical Mitigation, & Punishment

Boston College Law Review (2023)

Individuals with intellectual disability in the criminal legal system experience objectively worse outcomes than others—more wrongful convictions, more pretrial detention, worse plea deals, and longer sentences. None of which is justified under the theories of punishment. These disparate outcomes stem from initial failures to identify that a person has intellectual disability and...

Does Atkins Make A Difference In Non-Capital Cases?

William & Mary Bill of Rights Journal (2014)

The holding in Atkins v. Virginia is clear. The execution of [intellectually disabled people] … is unconstitutional. One other feature of the Atkins decision is also certain; the reason the 8th Amendment is violated by the use of the death penalty with such convicted defendants. That is because defendants with intellectual disabilities...