Intellectual Competence & the Death Penalty

Tuesday, June 27, 2023

Generational intelligence tests score changes in Spain: Are we asking the right question? - ScienceDirect

Generational intelligence tests score changes in Spain: Are we asking the right question? - ScienceDirect
https://www.sciencedirect.com/science/article/abs/pii/S0160289623000533

Generational intelligence test score gains have been documented worldwide in the twentieth century. However, recent evidence suggests these increased scores are coming to an end in some world regions. Here we compare two cohorts of university freshmen. The first cohort (n = 311) was assessed in 1991, whereas the second cohort (n = 349) was assessed thirty years later (2022). These cohorts completed the same intelligence battery including eight standardized speeded and power tests tapping reasoning (abstract and quantitative), language (vocabulary, verbal comprehension, and verbal meanings), rote calculation, and visuospatial relations. The results revealed a global gain of 3.5 IQ points but also upward and downward changes at the test level. The 2022 cohort outperformed the 1991 cohort on reasoning (abstract and quantitative), verbal comprehension, and vocabulary, whereas the 1991 cohort outscored the 2022 cohort on rote calculation, visuospatial relations (mental rotation and identical figures), and verbal meanings. These findings are thought to support one key claim made by James Flynn: generational changes on the specific cognitive abilities and skills tapped by standardized tests should be expected without appreciable or substantive changes in the structure of the intelligence construct identified within generations. This main conclusion is discussed with respect to theoretical causal implications putatively derived from current intelligence psychometric models.

******************************************
Kevin S. McGrew, PhD
Educational & School Psychologist
Director
Institute for Applied Psychometrics (IAP)
https://www.themindhub.com
******************************************

Wednesday, May 10, 2023

Inmate convicted in 1981 Memphis murder moved off death row

Inmate convicted in 1981 Memphis murder moved off death row
https://wreg.com/news/investigations/shelby-county-inmate-moves-off-death-row/?utm_source=TMP-Newsletter&utm_campaign=c18c273c09-EMAIL_CAMPAIGN_2023_05_10_11_13&utm_medium=email&utm_term=0_5e02cdad9d-c18c273c09-%5BLIST_EMAIL_ID%5D

Friday, March 3, 2023

Looking for Flynn effects in a recent online U.S. adult sample: Examining shifts within the SAPA Project - ScienceDirect

Looking for Flynn effects in a recent online U.S. adult sample: Examining shifts within the SAPA Project - ScienceDirect
https://www.sciencedirect.com/science/article/pii/S0160289623000156?via%3Dihub

Compared to European countries, research is limited regarding if the Flynn effect, or its reversal, is a current phenomenon in the United States. Though recent research on the United States suggests that a Flynn effect could still be present, or partially present, among child and adolescent samples, few studies have explored differences of cognitive ability scores among US adults. Thirteen years of cross-sectional data from a subsample of adults (n

= 394,378) were obtained from the Synthetic Aperture Personality Assessment Project (SAPA Project) to examine if cognitive ability scores changed within the United States from 2006 to 2018. Responses to an overlapping set of 35 (collected 2006–2018) and 60 (collected 2011–2018) items from the open-source multiple choice intelligence assessment International Cognitive Ability Resource (ICAR) were used to examine the trends in standardized average composite cognitive ability scores and domain scores of matrix reasoning, letter and number series, verbal reasoning, and three-dimensional rotation. Composite ability scores from 35 items and domain scores (matrix reasoning; letter and number series) showed a pattern consistent with a reversed Flynn effect from 2006 to 2018 when stratified across age, education, or gender. Slopes for verbal reasoning scores, however, failed to meet or exceed an annual threshold of |0.02| SD. A reversed Flynn effect was also present from 2011 to 2018 for composite ability scores from 60 items across age, education, and gender. Despite declining scores across age and demographics in other domains of cognitive ability, three-dimensional rotation scores showed evidence of a Flynn effect with the largest slopes occurring across age stratified regressions.

Tuesday, February 21, 2023

Reframing the clouded scientific spectacles of the Flynn effect: A view through two lenses - ScienceDirect

Reframing the clouded scientific spectacles of the Flynn effect: A view through two lenses - ScienceDirect
https://www.sciencedirect.com/science/article/abs/pii/S0160289623000168?via%3Dihub

Flynn argued that the Flynn effect was due to an increasing use of "scientific spectacles" among the general population (Flynn, 2010), yet the Flynn effect itself has been viewed through clouded scientific spectacles. Most research has focused on Flynn's main finding: IQ scores have increased over time. Flynn (1987) presumed the effect was a cohort (generational) effect, yet a variety of within- and between-person processes could give rise to the observed secular changes. Many theories have been put forth as to the fundamental cause of the Flynn effect. Frequently ignored is what a specific cause implies the Flynn effect would look like at different levels of analysis and in the context of different research designs. In this paper we present two 'lenses' with which to view a potential causal model of the Flynn effect, in the hopes of closing some of the current gaps emerging from past research. First, we propose an examination of within- versus between-person processes. Relatedly, we propose that the exclusive focus on normed measures of intelligence has hampered understanding of what functional form the Flynn effect might take, particularly during development. Consideration of "raw" intelligence is likely to be fruitful. For our second lens, we consider the framework of age-period-cohort modeling to categorize what kind of effect a given model implies. We examine several causal theories of the Flynn effect through these lenses. Viewed through our lenses, we find that certain causal theories are, perhaps, somewhat incomplete in their specification of all the relevant processes.

Tuesday, January 17, 2023

Law and psychology must think critically about effect sizes | SpringerLink

Law and psychology must think critically about effect sizes | SpringerLink
https://link.springer.com/article/10.1007/s44202-022-00062-2

Abstract
This comment examines a threat to the development of law and psychology as a "public science" (i.e., one that goes beyond theory to address important issues in society), a failure to think critically about effect sizes. Effect sizes estimate the strength or magnitude of the relationship between variables and therefore can help decision makers understand whether scientific results are relevant to some legal or policy outcome. Accordingly, I suggest that those conducting and reporting law and psychology research should: (1) justify why observed effect sizes are meaningful and report them candidly and transparently, (2) scrutinize effect sizes to determine if they are plausible, and (3) plan studies such that they fit with the researchers' inferential goals. I explore these points by way of case studies on influential law and psychology studies, such as implicit bias in the courtroom. I end with suggestions for implementing my recommendations, including a metaresearch agenda for law and psychology

Monday, December 19, 2022

Psychological Testing in Forensic Contexts Conducted Remotely | Journal of the American Academy of Psychiatry and the Law

Psychological Testing in Forensic Contexts Conducted Remotely | Journal of the American Academy of Psychiatry and the Law
https://jaapl.org/content/50/4/529.abstract?etoc

Abstract
The use of videoconferencing technology to conduct forensic psychiatric and forensic psychological evaluations remotely has grown considerably in the last decade. This commentary addresses a number of points made by Recupero regarding the use of remote technology to conduct forensic psychiatric evaluations. These points include the research supporting telepsychiatry and its generalizability to forensic assessment, the error rate associated with remote forensic assessment, and its general acceptance in the field. The commentary also considers the inclusion of psychological testing and specialized forensic measures in forensic assessment and describes criteria for considering tests and measures that can reasonably be included in a remotely conducted forensic assessment.

Thursday, December 1, 2022

Ongoing trends of human intelligence - ScienceDirect

Ongoing trends of human intelligence - ScienceDirect
https://www.sciencedirect.com/science/article/abs/pii/S0160289622000897?via%3Dihub

Abstract
The aim of the study is to estimate the most recent trends of intelligence world-wide. We find that the most recent studies report mainly positive Flynn effects in economically less developed countries, but trivial and frequently negative Flynn effects in the economically most advanced countries. This is confirmed by an analysis of 48 countries in the 2000–2018 PISA tests, showing that high pre-existing IQ and school achievement are the best predictors of declining test scores. IQ gaps between countries are still large (e.g., 19 IQ points in PISA between East Asia and South Asia) but are diminishing world-wide. We predict that these trends, observed in adolescents today, will reduce cognitive gaps between the working-age populations of countries and world regions during coming decades. As is predicted by the well-established relationship between intelligence and economic growth, there is already evidence that the ongoing cognitive convergence is paralleled by global economic convergence. These developments raise questions as to how long this cognitive and economic convergence will continue, whether it will eliminate cognitive and economic gaps between countries entirely, and whether a condition with high levels of cognitive ability and economic prosperity is sustainable long-term.

Tuesday, November 15, 2022

Domain-specificity of Flynn effects in the CHC-model: Stratum II test score changes in Germanophone samples (1996–2018) - ScienceDirect

Domain-specificity of Flynn effects in the CHC-model: Stratum II test score changes in Germanophone samples (1996–2018) - ScienceDirect
https://www.sciencedirect.com/science/article/pii/S0160289622000885

Generational IQ test score changes (the Flynn effect) were globally positive over large parts of the 20th century. However, accumulating evidence of recent studies shows a rather inconsistent pattern in past decades. Patterns of recently observed test score changes appeared to be markedly different in strength and even signs between countries and domains. Because of between-study design differences and data availability in terms of differing IQ domains, it is so far unclear if these inconsistencies represent a consequence of differences in Flynn effect trajectories between countries, covered time-spans, or investigated IQ domains. Here, we present data from 36 largely population-representative Germanophone standardization samples from 12 well-established psychometric tests (17 subtests) of 10 stratum II domains from 1996 to 2018, thus providing a comprehensive assessment of domain-specific changes according to the Cattell-Horn-Carroll intelligence model. Examination of both raw score and measurement-invariant latent mean changes yielded positive (comprehension-knowledge, learning-efficiency, domain-specific knowledge), negative (working memory capacity), stagnating (processing speed, reading and writing), and ambiguous (fluid reasoning, reaction and decision speed, quantitative knowledge, visual processing) stratum II Flynn effects. This means that in the present sample, the Flynn effect is surprisingly differentiated on domain level and does not conform to the frequently observed IQ test score gains in crystallized and fluid intelligence. These findings could be attributed to either (i) a so far undetected domain-specificity of the Flynn effect due to an unavailability of test data beyond crystallized and fluid domains or (ii) a symptom for an impending stagnation of the Flynn effect.

Tuesday, November 1, 2022

Following up after Moore and Hall: A national survey of state legislation defining intellectual disability. - PsycNET

Following up after Moore and Hall: A national survey of state legislation defining intellectual disability. - PsycNET
https://psycnet.apa.org/record/2023-13777-001

Citation
Flack, D., Fishel, S., Wiltsie, K., Kudatzky, A., & DeMatteo, D. (2022). Following up after Moore and Hall: A national survey of state legislation defining intellectual disability. Psychology, Public Policy, and Law.Advance online publication. https://doi.org/10.1037/law0000372

Abstract
Since the Supreme Court's decision in Atkins v. Virginia (2002), state legislatures have struggled to define intellectual disability as it relates to death penalty eligibility. In Hall and Moore, the Court rejected bright-line cutoffs based on IQ score and suggested that medical definitions of intellectual disability should be consulted. With limited guidance from the Supreme Court, state definitions of intellectual disability can vary considerably. This study identified the legislative definitions of intellectual disability in all 50 states and reviewed relevant case law when applicable. Results show that definitions of intellectual disability significantly vary by state, and few states with active death penalty statutes comply with the accepted medical definitions for intellectual disability. These results have significant clinical and policy implications for defendants with intellectual disability, as well as practical implications for forensic mental health professionals who conduct evaluations of individuals facing the death penalty. (PsycInfo Database Record (c) 2022 APA, all rights reserved)

Friday, October 28, 2022

Assessment: The power and potential of psychological testing, educational measurement, and program evaluation around the world. - PsycNET

Assessment: The power and potential of psychological testing, educational measurement, and program evaluation around the world. - PsycNET
https://psycnet.apa.org/doiLanding?doi=10.1037%2F0000311-003

Assessment is a broad, globally relevant, and much-needed area of inquiry and practice—with tremendous power and potential. Psychologists are leaders and experts in assessment, with specialized knowledge in research design; statistics; and, of course, psychological testing, measurement, and evaluation. This chapter discusses assessment broadly, focusing on its centrality to psychology and research. It also discusses contemporary national assessment practices considering the "big four" specialties: clinical, counseling, school, and industrial/organizational psychology. The chapter presents basic competencies, including what applied psychologists do in the United States. It discusses three important international assessment topics: psychological testing, educational measurement, and program evaluation. The chapter explains cross-cultural issues in assessment, including test translation and adaptation. It highlights challenges, opportunities, and cutting edge exemplars, including therapeutic assessment, formative educational testing and item development, and transformative program evaluation. The chapter offers practical suggestions for developing global assessment competencies and participating in the international assessment community. (PsycInfo Database Record (c) 2022 APA, all rights reserved)

Friday, September 2, 2022

Neurodevelopmental Disorders, Criminality, and Criminal Responsibility | Journal of the American Academy of Psychiatry and the Law

Neurodevelopmental Disorders, Criminality, and Criminal Responsibility | Journal of the American Academy of Psychiatry and the Law
http://jaapl.org/content/50/3/358.abstract?etoc

Abstract
Although individuals with neurodevelopmental disorders (ND), such as intellectual disability (ID) and autism, are overrepresented in the criminal justice system, most psychiatry training is limited regarding NDs, and forensic psychiatry training tends to focus on psychotic and mood disorders. This article explores the complex interactions between NDs and criminality, including direct etiological explanations and potential mediating variables (e.g., trauma), to address common training gaps. We compare and contrast current laws relevant to assessing NDs in criminal responsibility evaluations. Not guilty by reason of insanity (NGRI) criteria vary by jurisdiction, with some specifying ID as one possible insanity defense prerequisite while most jurisdictions are nonspecific. NDs in the absence of psychosis or mania often involve impaired cognition (e.g., comprehension, reasoning, social cognition) and behavioral dysregulation. This article provides potential scenarios by which those with NDs might be competent to stand trial but qualify for one or more NGRI prongs. Suggestions for assessment methods (including for malingering) are addressed for this unique population.

Monday, August 29, 2022

J. Intell. | Special Issue : Assessment of Human Intelligence—State of the Art in the 2020s

J. Intell. | Special Issue : Assessment of Human Intelligence—State of the Art in the 2020s
https://www.mdpi.com/journal/jintelligence/special_issues/LRE0G69EF7

Thursday, February 3, 2022

Law Review Article: Broderick (2022). Executing defendents with intellectual disabilities: Unconstitutional in theory, persistent in practice

Abstract:

In 2002, in Atkins v. Virginia, the Supreme Court abolished the death penalty for defendants with intellectual disabilities. The Court held that executing individuals with intellectual disabilities is cruel and unusual punishment, violating the Eighth Amendment. The Court afforded the states the power to define intellectual disability for the purpose of death penalty eligibility. Post-Atkins cases reveal that the states have composed superficial and oversimplified definitions of intellectual disability. State definitions lack consistency and include nonclinical standards. As a result, courts continue to sentence defendants with intellectual disabilities to death. This Note argues that states should adopt a uniform definition of intellectual disability for the purpose of death penalty eligibility and proposes a model standard in line with clinical standard

Article link.

Thursday, January 27, 2022

J. Intell. | Free Full-Text | Linguistic Influences on Cognitive Test Performance: Examinee Characteristics Are More Important than Test Characteristics

J. Intell. | Free Full-Text | Linguistic Influences on Cognitive Test Performance: Examinee Characteristics Are More Important than Test Characteristics
https://www.mdpi.com/2079-3200/10/1/8

Tuesday, January 4, 2022

SCOTUS to hear Georgia’s Atkins ID death penalty “beyond reasonabledoubt” law

https://www.nytimes.com/2022/01/03/us/politics/supreme-court-death-penalty-intellectual-disability.html?referringSource=articleShare

Monday, December 13, 2021

The secular trend of intelligence test scores: The Danish experience for young men born between 1940 and 2000

The secular trend of intelligence test scores: The Danish experience for young men born between 1940 and 2000
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0261117

Tuesday, December 7, 2021

Greenspan & Brown (2021) on FASD as per AAIDD and DSM-5-TR approaches

Double click on image to enlarge

Saturday, November 13, 2021

Genetically informed, multilevel analysis of the Flynn Effect across four decades and three WISC versions - Giangrande - - Child Development - Wiley Online Library

https://srcd.onlinelibrary.wiley.com/doi/10.1111/cdev.13675

Abstract

This study investigated the systematic rise in cognitive ability scores over generations, known as the Flynn Effect, across middle childhood and early adolescence (7–15 years; 291 monozygotic pairs, 298 dizygotic pairs; 89% White). Leveraging the unique structure of the Louisville Twin Study (longitudinal data collected continuously from 1957 to 1999 using the Wechsler Intelligence Scale for Children [WISC], WISC–R, and WISC–III ed.), multilevel analyses revealed between-subjects Flynn Effects—as both decrease in mean scores upon test re-standardization and increase in mean scores across cohorts—as well as within-child Flynn Effects on cognitive growth across age. Overall gains equaled approximately three IQ points per decade. Novel genetically informed analyses suggested that individual sensitivity to the Flynn Effect was moderated by an interplay of genetic and environmental factors.

Wednesday, October 20, 2021

Intellectually Disabled Alabama Death-Row Prisoner Appeals Denial of Stay of Execution, Arguing Designation of Lethal Injection Violated Americans With Disabilities Act https://deathpenaltyinfo.org/news/intellectually-disabled-alabama-death-row-prisoner-appeals-denial-of-stay-of-execution-arguing-designation-of-lethal-injection-violated-americans-with-disabilities-act

Intellectually Disabled Alabama Death-Row Prisoner Appeals Denial of Stay of Execution, Arguing Designation of Lethal Injection Violated Americans With Disabilities Act https://deathpenaltyinfo.org/news/intellectually-disabled-alabama-death-row-prisoner-appeals-denial-of-stay-of-execution-arguing-designation-of-lethal-injection-violated-americans-with-disabilities-act

Pervis Payne (an Atkins case) Seeks Hearing on Whether Shelby County Prosecutors Should be Recused From His Case Based on Trial Prosecutor’s Possible Conflict of Interest https://deathpenaltyinfo.org/news/pervis-payne-seeks-hearing-on-whether-shelby-county-prosecutors-should-be-recused-from-his-case-based-on-trial-prosecutors-possible-conflict-of-interest

Pervis Payne Seeks Hearing on Whether Shelby County Prosecutors Should be Recused From His Case Based on Trial Prosecutor's Possible Conflict of Interest https://deathpenaltyinfo.org/news/pervis-payne-seeks-hearing-on-whether-shelby-county-prosecutors-should-be-recused-from-his-case-based-on-trial-prosecutors-possible-conflict-of-interest

Sunday, October 3, 2021

‘Race-norming’ kept former NFL players from dementia diagnoses. Their families want answers.

'Race-norming' kept former NFL players from dementia diagnoses. Their families want answers.
https://www.washingtonpost.com/sports/2021/09/29/nfl-concussion-settlement-race-norming/

I believe this refers to demographically adjusted or Heaton neuropsych norms…which have occasionally been used inappropriately in Atkins ID death penalty cases.

Monday, September 6, 2021

Professional Pitfalls in Malingering Determinations | Journal of the American Academy of Psychiatry and the Law

Professional Pitfalls in Malingering Determinations | Journal of the American Academy of Psychiatry and the Law
http://jaapl.org/content/49/3/296?etoc

Thursday, September 2, 2021

Ernest Johnson eligible for death penalty, Missouri Supreme Court says

https://themissouritimes.com/ernest-johnson-eligible-for-death-penalty-missouri-supreme-court-says/

******************************************************
Kevin McGrew, PhD
Educational Psychologist
Director, Institute for Applied Psychometrics
IAP
www.themindhub.com
******************************************************

Friday, August 27, 2021

Forensic evaluators’ opinions on the use of videoconferencing technology for competency to stand trial evaluations after the onset of COVID-19. - PsycNET

Forensic evaluators' opinions on the use of videoconferencing technology for competency to stand trial evaluations after the onset of COVID-19. - PsycNET
https://psycnet.apa.org/record/2021-77667-001

Trupp, G. F., Ricardo, M. M., Boccaccini, M. T., & Murrie, D. C. (2021). Forensic evaluators' opinions on the use of videoconferencing technology for competency to stand trial evaluations after the onset of COVID-19. Psychology, Public Policy, and Law. Advance online publication. https://doi.org/10.1037/law0000322

Abstract
We surveyed practicing forensic psychologists (N = 176) in the United States after the onset of the coronavirus disease 2019 (COVID-19) pandemic to obtain their opinions about using videoconferencing for competence to stand trial evaluations. The survey included a broad range of questions to identify perceived concerns about, and benefits of, videoconferencing. Many of the evaluators who reported having conducted a competence evaluation using videoconferencing had done so only after the start of the COVID-19 pandemic (79.7%). Evaluators expressed concerns that the results of videoconferencing evaluations were slightly less reliable (M = 73.6% agreement) than in-person evaluations (M = 79.2%, d = .57 [.43, .70]), but agreed that videoconferencing has the potential to make the evaluation process more efficient for evaluators (77.2%) and to reduce evaluation wait times for defendants (83.8%). The most common concerns were about the ability to assess general mental health symptoms (42.7%) and feigning (68.1%), as opposed to specific psycholegal abilities (10% to 30%). Overall, those who had used videoconferencing for a competence evaluation or had received training related to videoconferencing were less likely to endorse concerns about its use. Findings represent a first step in providing data to inform ongoing discussions about professional standards for using videoconferencing for competence evaluations. (PsycInfo Database Record (c) 2021 APA, all rights reserved)

Wednesday, August 4, 2021

Discontinuing the Flynn effect reference archive project.

Due to the lack of use of this resource by others, and time constraints on the blog master, the Flynn effect reference archive project is now terminated. The last update was 6-21-21.

Sunday, June 20, 2021

Flynn effect reference project: 06-21-21

I had previously maintained a "Flynn effect archive" project at this blog. In its prior form, it included a reference list and hyperlinks to almost all articles. I have now found it necessary to remove all posts (and index tag terms) related to that project. It's purpose has changed.

Originally the idea was to make available most the available research on the Flynn effect. Over time I noticed (via the hit counter tracker) that fewer and fewer people were consulting it to obtain copies of articles. The time necessary to maintain the archive, especially after I switched domain servers (which resulted in a ton of obsolete and broken hyperlinks), was not cost-effective. Thus, that archive is no longer available.

In its place I am now maintaining (and will update periodically) a simple working list of Flynn effect (aka, norm obsolescence) references. The current version, dated 06-20-21, can be downloaded by clicking here. It includesv317 references. I will refer to this as the Flynn Effect Reference Project. I will update it on a regular basis, especially since it is now much easier to maintain.

The reference list should not be considered exhaustive of all possible published and unpublished research regarding the Flynn effect. It is the best I can put together. Any readers who locate missing articles, or new publications, should contact me via email (go to the MindHub and contact me via the contact info). I will then add those to the next update.

Enjoy.

'No Defendant Has Ever Met This Burden': Inside Georgia's Death Sentence Ruling

Opinion enclosed. Best. -E.

www.law.com/daily...uling/
'No Defendant Has Ever Met This Burden': Inside Georgia's Death Sentence Ruling
"Georgia's uniquely high and onerous burden means that people with intellectual disability will be executed," said Brian Stull, senior staff attorney for the American Civil Liberties Union Capital Punishment Project.
By Cedra Mayfield | June 01, 2021 at 04:11 PM

It's not a matter of appealing his guilt. It's been agreed Rodney Renia Young is guilty of traveling across state lines to kill his former girlfriend's son in 2008.

Whether he should die for his actions, however, has birthed a war between the American Civil Liberties Union and the courts, as battles to prove Young's intellectual disability—and have it honored by the Georgia judicial system with a death penalty exemption—continue.

Young's latest battle, an appeal before the Supreme Court of Georgia, ended with the court upholding his death sentence, finding in Young v. State that Young failed to prove his intellectual disability beyond a reasonable doubt.

"We are not called upon here to make a pronouncement on the wisdom of Georgia's burden of proof from a policy perspective, and to do so would be beyond this court's constitutional power," Supreme Court of Georgia Chief Justice Harold Melton wrote in a plurality opinion. "Instead, we are called upon to apply the Georgia Constitution and the United States Constitution."

It's a Catch-22 the ACLU attributed to the state's interpretation of the 2002 United States Supreme Court decision in Atkins v. Virginia. In it, the nation's highest court granted states discretion in developing "appropriate ways" to enforce the constitutional restriction on executing intellectually disabled individuals, after determining that doing so violated the U.S. Constitution.

"No defendant has ever met this burden and successfully proven their intellectual disability," said Brian Stull, senior staff attorney for the American Civil Liberties Union Capital Punishment Project. "Georgia's uniquely high and onerous burden means that people with intellectual disability will be executed, just as Warren Hill was executed in 2015, despite every expert who interviewed him affirming his intellectual disability."

Across the aisle, Alcovy Circuit District Attorney Randal McGinley helped represent the state.

"While it is the decision of Young and his attorneys as to whether they seek review by the Supreme Court of the United States, I would not be surprised if a petition for cert is filed asking that court to weigh in on the legal issue of the burden of proof regarding intellectual disability," McGinley said. "However, all three opinions (the plurality, concurrence, and dissent) make it clear that the trials followed precedent from both the Supreme Courts of Georgia and the United States on this issue."

'I Would Obediently Accept'

Supreme Court of Georgia Presiding Justice David E. Nahmias welcomed the case escalation.

.

In his special concurrence, Nahmias said, "Of course I (and the majority of this court) could be wrong. Young is welcome to seek certiorari from the United States Supreme Court to have that Court tell us that we are wrong. I would obediently accept and forthrightly apply such a decision."

Nahmias cited that in the more than 30 years since the statute used to handle such cases had been enacted, developments in the science of intellectual disability had occurred. He welcomed Young and those advocating on his behalf to "try to persuade the people of Georgia, through their elected representatives to revisit" the statute.

"If the General Assembly takes a further humane step with regard to criminal defendants who are potentially intellectually disabled, I would embrace that change," Nahmias wrote. "In the meantime, however, I see no compelling reason for this court to overrule our well-established precedent on this issue."

Divided Court

Rather than deter, the court's split decision further motivated the ACLU's quest to fight for Young's exemption from the death penalty.

"[The] decision violates the reasoning of recent U.S. Supreme Court decisions forbidding states from upholding procedures that create unacceptable risks of executing persons with intellectual disability," Stull said.

Justice Charles Bethel agreed, standing alone in his dissent.

Bethel highlighted Stripling v. State in 2011 and Head v. Hill in 2003.

In these decisions, the Supreme Court of Georgia rejected arguments that the beyond-a-reasonable-doubt standard is unconstitutional under the U.S. Supreme Court's decision in Atkins, because it lacked state instructions to apply any particular standard of proof to intellectual disability claims.

Bethel said Young's suggestion that subsequent decisions of the high court "cast doubt" on those earlier decisions, compelling a different conclusion.

"The question before us, then, is whether Georgia's requirement that a defendant prove his or her own intellectual disability beyond a reasonable doubt creates 'an unacceptable risk that an intellectually disabled person will be executed,'" Bethel's dissent said. "Here, the existence of such a risk seems plain."

Friday, June 18, 2021

Full article: Considering the boundaries of intellectual disability: Using philosophy of science to make sense of borderline cases

Considering the boundaries of intellectual disability: Using philosophy of science to make sense of borderline cases
https://www.tandfonline.com/doi/full/10.1080/09515089.2021.1914832

ABSTRACT

Who should be diagnosed with intellectual disability and who should not? For borderline cases, the answer to this question may be as difficult to decide on as determining the borderline between being bald or not. While going bald may be upsetting to some, it is also an inevitable and relatively undramatic course of nature. In contrast, getting a diagnosis of intellectual disability is likely to have more far- reaching consequences. This makes the question of where the cutoff point for intellectual disability lies more imperative. Philosophy of science may help psychologists to understand the nature of this dilemma in a more profound manner. This article builds on the sorites paradox to explore the vagueness that surrounds the concept of intellectual disability and the consequences of this vagueness for the diagnostic process. While epistemicists argue that vagueness is a consequence of our limited knowledge of the world that we live in, semantic theorists claim that there is nothing that we do not know, but that our language allows for indecisiveness. What these different lines of understanding mean for psychologists who are diagnosing intellectual disability, is described in this article. Furthermore, the article discusses practical implications of these philosophical underpinnings.

Atkins Court Decisions: Webster v US (2021), Haliburton v FL (2021)

Two more Atkins decisions I forgot to include in yesterday's batch.

Webster v US (2021). Prior decisions available here.

Haliburton v FL (2021).

Thursday, June 17, 2021

Two recent Atkins related articles: Johnson et al (2019) and LaPrade & Worrall (2020)

LaPrade, J., & Worrall, J. L. (2020). Determining Intellectual Disability in Death Penalty Cases: A State-by-State Analysis. Journal of Criminal Justice and Law.

In Moore v. Texas (2017), the U.S. Supreme Court ruled that Texas death penalty definitions of intellectual disability were inadequate because they strayed too far from clinical definitions. This study examines how each state defines intellectual disability with regard to death penalty eligibility. It reveals a wide variation in the standards used by states, with no clear consensus on definitions of intellectual disability or who should measure it. Variations pertain to age at onset, proof of intellectual disability status at the time of the crime, burden of proof required to make the intellectual disability determination, and who makes the final decision. Implications and suggestions for the future are discussed.

Johnson, S. L., Blume, J. H., Hritz, A. C., & Royer, C. E. (2019). Race, intellectual disability, and death: an empirical inquiry into invidious influences on Atkins determinations. UCLA L. Rev., 66, 1506.