Mental Retardation: Death Penalty

AbstractIn 2002, the US Supreme Court held inAtkins v. Virginiathat the execution of individuals with mental retardation (also referred to as intellectual disability) is unconstitutional. Following theAtkinsholding, courts in death penalty jurisdictions have begun to call upon mental health professionals to assist the trier of fact in determining whether offenders in capital murder cases have mental retardation. However, the determination of mental retardation in death penalty cases presents several unique and complex challenges for both legal and mental health professionals. Moreover, there is great variability in how states define mental retardation and in the methods used by mental health professionals to diagnose mental retardation in such cases. The purpose of this chapter is to (i) provide an overview of the current death penalty statutes on mental retardation in the United States; (ii) describe the definitions of mental retardation as promulgated by professional organizations in the field; (iii) discuss the diagnosis of mental retardation in death penalty cases; and (iv) review the available research on malingering and mental retardation.