Journal article
Following Up After Moore and Hall: A National Survey of State Legislation Defining Intellectual Disability
Psychology, public policy, and law, v 28(4), pp 459-478
01 Nov 2022
Featured in Collection : UN Sustainable Development Goals @ Drexel
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.
Metrics
Details
- Title
- Following Up After Moore and Hall: A National Survey of State Legislation Defining Intellectual Disability
- Creators
- Daniel Flack - Drexel UniversitySarah Fishel - Drexel Univ, Dept Psychol & Brain Sci, 3141 Chestnut St,Stratton Suite 119, Philadelphia, PA 19104 USAKellie Wiltsie - Drexel UniversityAlexandra Kudatzky - Drexel Univ, Thomas R Kline Sch Law, Philadelphia, PA 19104 USADavid DeMatteo - Drexel University
- Publication Details
- Psychology, public policy, and law, v 28(4), pp 459-478
- Publisher
- Amer Psychological Assoc
- Number of pages
- 20
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Psychological and Brain Sciences (Psychology)
- Web of Science ID
- WOS:000875217600001
- Scopus ID
- 2-s2.0-85142264922
- Other Identifier
- 991020531857204721
UN Sustainable Development Goals (SDGs)
This publication has contributed to the advancement of the following goals:
InCites Highlights
Data related to this publication, from InCites Benchmarking & Analytics tool:
- Web of Science research areas
- Health Policy & Services
- Law
- Psychology, Multidisciplinary