The Death
Penalty and Intellectual Disability: A Guide (1/3/14)*
*
Note the
above title is as registered by AAIDD with Library of Congress and as presentedon their website. The working title of the task force had been: Determining Intellectual Disability in the
Courts: Focus on Capital Cases
As described at the AAIDD publications page:
In the 2002 landmark decision Atkins v. Virginia 536 U.S. 304, the
Supreme Court of the United States ruled that executing a person with
intellectual disability is a violation of the Eighth Amendment of the
U.S. Constitution, which prohibits “cruel and unusual punishment,” but
left states to determine their own criteria for intellectual
disability. AAIDD has always advocated against the death penalty
for people with intellectual disability and has long provided amicus
curiae briefs in Supreme Court cases. Thus, in this comprehensive new
book published by AAIDD, notable authors in the field of intellectual
disability discuss all aspects of the issues, with a particular focus
on foundational considerations, assessment factors and issues, and
professional concerns in Atkins assessments.
Chapter
|
Titles
|
Authors
|
Preface
|
Ed Polloway
|
|
Foreword
|
Honorable Kevin Foley
|
|
Part 1: Foundational Considerations
|
||
1
|
Guide for Persons with Intellectual Disability and Capital Cases:
An Introduction
|
Edward A. Polloway
James R. Patton
J. David Smith
|
2
|
Intellectual Disability: A Review of its Definitions and Diagnostic
Criteria
|
Marc J. Tassé
|
3
|
Mild Intellectual Disability
|
Gary Siperstein
Melissa Collins
|
4
|
Analysis of Atkins
Cases
|
John Blume
Karen Salekin
|
Part 2: Assessment
Considerations
|
||
A. General Topics:
|
||
5
|
Concepts of Measurement
|
Keith Widaman
|
6
|
Age of Onset and the Developmental Period Criterion
|
Stephen Greenspan
George Woods
Harvey Switzky
|
B. Intellectual Functioning:
|
||
7
|
Intellectual Functioning: Conceptual Issues
|
Kevin McGrew
|
8
|
Consideration in the Selection and Analysis of IQ
Tests
|
Dale Watson
|
9
|
Variability of IQ scores
|
Stephen Greenspan
J. Gregory Olley
|
10
|
Norm Obsolescence: The Flynn Effect
|
Kevin McGrew
|
C. Adaptive Behavior:
|
||
11
|
Evolving Concepts of Adaptive Behavior
|
Stephen Greenspan
|
12
|
Selection of Appropriate Adaptive Behavior
Instruments
|
J. Gregory Olley
|
13
|
Challenges in Assessment of Adaptive Behavior in
Capital Cases
|
Caroline Everington
Gilbert S. Macvaugh III
Karen Salekin
Timothy J. Derning
|
14
|
Time at Which Disability Must Be Shown in Atkins Cases
|
J. Gregory Olley
|
15
|
Briseño Factors
|
Stephen Greenspan
|
Part 3: Related
Topics
|
||
16
|
Cultural Factors in Assessment
|
Richard Ruth
|
17
|
Assessment Issues: Competence to Waive Miranda Rights and Competence to Stand
Trial
|
Karen Salekin
Caroline Everington
|
18
|
Considerations of Retrospective Assessment and Malingering
|
Denis Keyes
David Freedman
|
19
|
Intellectual Disability, Comorbid Disorders and
Differential Diagnosis
|
George Woods
David Freedman
Timothy J. Derning
|
20
|
School and Other Key Records
|
James Patton
|
21
|
Relevance of Other Assessments in Atkins Evaluations
|
Karen Salekin
Gilbert S. Macvaugh III
Timothy J. Derning
|
22
|
Professional Issues in Atkins Assessments
|
Gilbert S. Macvaugh III
Mark D. Cunningham Marc J. Tassé
|