On June 20, 2002, the US Supreme Court issued a
landmark ruling ending the execution of those with intellectual
disability. In Atkins v. Virginia, the Court held that it is a violation
of the Eighth Amendment ban on cruel unusual punishment to execute
death row inmates with "mental retardation". The decision reflected the
national consensus on this issue. In 1989, the U.S. Supreme Court had
upheld (5-4) the constitutionality of executing those with intellectual
disability in Penry v. Lynaugh, however the Court said "mental
retardation" should be a mitigating factor to be considered by the jury
during sentencing. Writing for the majority, Justice Sandra Day O'Connor
said that a "national consensus" had not developed against executing
those with "mental retardation."
In 1989, only two states,
Maryland and Georgia, prohibited such executions. Between the Penry and
Atkins decisions, 16 additional states enacted laws prohibiting the
execution of the "mentally retarded." The federal death penalty statute
also forbids such executions. Prior to Atkins v. Virginia, eighteen
states plus the federal government did not allow the execution of those
with "mental retardation": AZ, AR, CO, CT, FL, GA, IN, KS, KY, MD, MO,
NE, NM, NY*, NC, SD, TN, WA, and U.S. (*except for murder by a
prisoner). Juvenile cases can arise from shoplifting, disorderly
conduct, or any other act by a child with a learning disability that has
manifested into behavior not resolved through the child's specially
designed instruction. Although the public school and the IEP process
should have addressed these behaviors, there are many cases of failure
by the school to succeed in eliminating all such behaviors, and these
children can then get into trouble with our criminal and/or juvenile
courts. While the act of taking another's life may be obvious as being
wrong to us all, a child with a learning difference has perceptual and
cognitive developmental delays that can impact upon their
understanding. People with learning differences are at a higher risk of
wrongful convictions and death sentences. They may be more likely to
falsely confess to a crime because they want to please the authorities
that are investigating the crime. They are less able than others to work
with their lawyers to help to prepare their defense. Because of the
stigma attached to being disabled, people with this disability often
become adept at hiding it, whereas the importance of this information is
critical to the outcome of the case.
State legislatures and
police departments across the country are working to bring laws and
training into compliance with the Atkins decision, crafting definitions
and developing processes to determine whether an accused is mentally
challenged. The training police are now receiving in being able to
identify whether a person has autism, aspergers, touretts syndrome, or
many other learning differences is helpful to improving our criminal
justice system.