In 2002, the United States Supreme Court held in the landmark case of Atkins v. Virginia (2002) that the execution of individuals who have mental retardation is unconstitutional. Following the Atkins holding, courts in death penalty jurisdictions have relied heavily upon mental health professionals in making a determination of whether or not capital offenders have mental retardation. The determination of mental retardation in death penalty cases, however, presents complex challenges for both courts and mental health professionals. In addition, there is variability in how death penalty states define mental retardation and in the assessment methods used by mental health professionals to diagnose mental retardation in such cases. The purpose of this article is to (a) describe how statutes in death penalty jurisdictions have operationalized the various clinical definitions of mental retardation, (b) discuss issues confronting examiners in assessing and diagnosing mental retardation in Atkins cases, and (c) provide recommendations for forensic practice.
In 2002, the US Supreme Court held in
Atkins v. Virginia
that the execution of individuals with mental retardation (also referred to as intellectual disability) is unconstitutional. Following the
Atkins
holding, courts in death penalty jurisdictions have begun to call upon mental health professionals to assist the trier of fact in determining whether offenders in capital murder cases have mental retardation. However, the determination of mental retardation in death penalty cases presents several unique and complex challenges for both legal and mental health professionals. Moreover, there is great variability in how states define mental retardation and in the methods used by mental health professionals to diagnose mental retardation in such cases. The purpose of this chapter is to (i) provide an overview of the current death penalty statutes on mental retardation in the United States; (ii) describe the definitions of mental retardation as promulgated by professional organizations in the field; (iii) discuss the diagnosis of mental retardation in death penalty cases; and (iv) review the available research on malingering and mental retardation.
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