Full Description
Written by two nationally recognized experts, this book provides a comprehensive review of the legal and clinical aspects of the death penalty as it relates to intellectual disability. First, the facts: people with intellectual disability may falsely confess to a crime because they want to please the authorities, and they are often less able than others to work with lawyers to prepare a defense. In addition, because of the stigma attached to intellectual disability, affected individuals often become adept at hiding it, even from their attorney, not understanding the condition's importance to the outcome of their case.
Having explained such harsh realities and presented a comprehensive review of what intellectual disability is, the book focuses on the 2002 U.S. Supreme Court Atkins v. Virginia decision granting a death penalty exemption to individuals with intellectual disability. It outlines best practice regarding the determination of intellectual disability and discusses qualifications needed for experts in such cases. Related issues such as common misconceptions regarding people with intellectual disability, race, socioeconomic status, and the status of foreign nationals as it relates to the death penalty and intellectual disability are discussed as well. A must-have resource for prosecutors, defense lawyers, and clinicians providing expert testimony in death penalty cases, this book will also prove absorbing reading for anyone concerned about this troubling issue.
Contents
Preface
Acknowledgments
Chapter 1 Intellectual Disability and How It Is Diagnosed
Chapter 2 A Brief History of and Introduction to the Modern American Death Penalty
Chapter 3 The Supreme Court and the Categorical Exemption from Capital Punishment for Persons with Intellectual Disability: Atkins v. Virginia
Chapter 4 Atkins on the Ground: Post-Atkins Lower Court Decisions
Chapter 5 Assessing Intellectual Functioning
Chapter 6 Assessing Adaptive Behavior
Chapter 7 Assessing the Age of Onset
Chapter 8 Expert Witnesses
Chapter 9 The Future of Atkins
Index
