Earlier this year, the U.S. Supreme Court agreed to hear Hall v. Florida, a death penalty case concerning the definition of “mental retardation” (or intellectual disability (ID) as it is now called) that states may use in deciding whether an individual with that disability is protected by the Court’s decision in Atkins v. Virginia. In 2002, the Supreme Court ruled in the Atkins v. Virginia case that executing inmates with ID is unconstitutional.
Numerous expert evaluations have documented Hall’s disability. One psychologist’s examination found organic brain dysfunction and severe cognitive impairment, possibly due to repeated head trauma; neuropsychological testing showing severe brain impairment. Another psychiatrist found that Hall is chronically psychotic; that he suffered violent child abuse; has organic brain damage and is paranoid. The lower court records include findings of severe and violent abuse of Hall during his childhood.
The Hall case is the first case the Supreme Court has taken on the issue of the death penalty for defendants with ID since the Atkins decision, which indicates that there could be a further clarification of states’ responsibilities under that decision. Specifically, the Hall case centers on whether the state may establish a hardline ceiling on IQ, refusing to consider whether anyone with an IQ above that level may actually have ID (despite the fact that such a ceiling violates the nature of the tests involved and the professional judgment of the diagnostician, among other things). In Hall, the Court has been asked to address Florida’s decision to draw the line at an IQ of 70.
The Arc strongly believes that every individual with ID should be protected from the death penalty and applauds the Court’s decision to hear this case. In the past, The Arc has participated in a number of cases on this issue before the Supreme Court including Atkins v. Virginia. Participating in an amicus (friend-of-the-court) brief in the Atkins decision, The Arc’s brief was cited by the Justices in support of its ruling that the Constitution protects all defendants with ID. Since 2002, The Arc’s advocates have been actively involved in the implementation of the Atkins decision in the Federal and State courts across the country.
The Hall v. Florida case is not the only case pertaining to this issue in the news right now. Earlier this year, Warren Hill’s appeal to the U.S. Supreme Court to halt his execution because he has ID was denied. Hill’s lawyers filed a petition directly to the Supreme Court, stating that they had evidence proving Hill has ID. However, in Georgia (where Hill was convicted), ID must be proven by the defendant “beyond a reasonable doubt,” the strictest standard in the country.
Many people in the disability community share The Arc’s belief that states should not be allowed to create a stricter or more limited definition of ID than the professionally accepted clinical definition of ID. To do otherwise allows the states to execute some people with ID while protecting others. This approach violates the intent of the Atkins decision.
The Arc will be closely following Hall v. Florida as it moves through the U.S. Supreme Court in 2014.