https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0261117
Kevin S. McGrew, PhD
Educational & School Psychologist
Director
Institute for Applied Psychometrics (IAP)
https://www.themindhub.com
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An attempt to provide understandable and up-to-date information regarding intelligence testing, intelligence theories, personal competence, adaptive behavior and intellectual disability (mental retardation) as they relate to death penalty (capital punishment) issues. A particular focus will be on psychological measurement, statistical and psychometric issues.
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.
Two more Atkins decisions I forgot to include in yesterday's batch.
Webster v US (2021). Prior decisions available here.
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.
Recent Atkins related court decisions at links below.
Petetan v TX (2021; one and two)
Bourgeois v US (2020). Prior decision (2011)
Race, Intellectual Disability, and Death: An Empirical Inquiry Into Invidious Influences on Atkins Determinations (2020). UCLA Law Review. Sheri Lynn Johnson, John H. Blume, Amelia Courtney Hritz, &Caisa Elizabeth Royer
ABSTRACT
In Atkins v. Virginia,the U.S. Supreme Court held that the execution of a person with intellectual
disability violates the Eighth Amendment's Cruel and Unusual Punishment Clause. After more than a decade of Atkins litigation, we perceived there to be a substantial risk that race influences intellectual disability-and consequently, life and death-determinations. Due to the difficulty of demonstrating the influence of race in a particular case, we decided to investigate its potential effects in a controlled experiment. We did so by manipulating race in three different ways and by presenting cases with both strong and ambiguous evidence of intellectual disability. We found statistically significant race effects when we showed the face of the defendant and when the evidence of intellectual disability we provided was ambiguous. The influence of race was more pronounced when we limited our sample to white mock jurors. Even with a relatively weak manipulation, the size of the race effect is substantial. We also discovered that many participants weighed the facts of the criminal case and the consequences of their decision (death penalty eligibility), even though it was not relevant to the determination of whether the claimant was (or was not) a person with intellectual disability. These findings shed light on why claims of intellectual disability almostnever succeed before juries: death-qualified jurors may not make the diagnostic determination based on the evidence, but instead likely upon their own assessment of death-worthiness.
Determining Intellectual Disability in Death Penalty Cases: A State-by-State Analysis. Jennifer LaPrade
John L. Worrall, 2020.
Journal of Criminal Justice and Law: Official
Journal of the Law and Public Policy Section
of the Academy of Criminal Justice Sciences
Volume 3, Issue 2, pp. 1-28 (2020)
Abstract
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.
'Man is Opposed to Fair Play': An Empirical Analysis of How the Fifth Circuit Has Failed to Take Seriously Atkins v. Virginia. Perlin, Harmon & Wetzel
Intellectual Disability: Definition, Diagnosis, Classification, and Systems of Supports, 12th Edition, has just been published and can be purchased from our bookstore.
All professionals in the field need this important reference book, which integrates the findings and developments of the last 10 years in a systematic approach to diagnosis, optional subgroup classification, and planning of systems of supports for people with ID.
In addition, the 12th edition examines the construct of age of onset as a criterion in diagnosis and presents the operational definition in a way that will be critically important to professionals in the field.
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This email was sent to iap@earthlink.net by books@aaidd.orgAmerican Association on Intellectual and Developmental Disabilities • 8403 Colesville Road, Suite 900, Silver Spring, Maryland 20910, United States