NCJ Number
227077
Journal
Criminal Justice Studies Volume: 22 Issue: 1 Dated: March 2009 Pages: 17-38
Date Published
March 2009
Length
22 pages
Annotation
This study explored the varying effects of the evidence of cognitive disability on death penalty dispositions post Atkins v. Virginia.
Abstract
This study provided an analysis of significant factors surrounding State Supreme Court cases where the defendant had demonstrated some evidence of cognitive disability, but the court deemed the evidence insufficient, resulting in a disposition in favor of the prosecution. Findings indicate that the State courts are adhering to the precedent set in Atkins in most cases. The cases analyzed in this study reflect some of the enormous considerations that various State courts must wrestle with in order to properly assess whether or not any particular defendant is void from the death penalty because of a diagnosed cognitive disability. Upon first glance, some of these cases fell into a gray area that seemed to be ripe for misunderstanding and an improper reading of the precedents set forth in Atkins that could possibly lead to an improper execution. However, in reference to the cases analyzed, it appears that most of the defendants, who presented reasonable evidence of cognitive disability, were given the benefit of the doubt and their cases were remanded in order to assess their Atkins claims. Data were collected from 203 State Supreme Court cases that cited Atkins. Tables, figures, notes, references, and appendix