LAW 4051 Lecture Notes - Lecture 20: Intellectual Disability
Document Summary
Doesn"t matter as long as intent is there mentally retarded (not yet made the switch to intellectually disabled) Lawyer says he"s intellectually disabled, and therefore less culpable. Under the eighth amendment, is the capital punishment of a mentally retarded convict cruel and unusual? (around 13 years earlier): there"s not a national consensus you can execute a mentally disabled person. It"s not disproportionate, and therefore not a violation of the 8th amendment. How can they change this decision? they can overrule; change its mind. Yes no deterrence or retribution) likelihood of wrongful sentence is higher: mentally retarded persons might not be able to adequately show mitigating factors significantly subaverage functioning limitations in adaptive skills (communication, self-care, self-direction) onset before 18. The outliers: texas, florida absolute cut off is iq of above 70 against atkins: give extensive list of criteria for mental retardation.
