Authors of a recent study in the journal Law & Psychology Review suggest jurors in capital trials may not fully understand the abilities of people diagnosed with mild to severe intellectual disabilities (referred to in the study as mental retardation). The study surveyed 888 adults who reported for jury duty and 87 mental health professionals. Participants were given a list of activities, such as the ability to maintain a romantic relationship or operate a car, and asked if a person with an intellectual disability could perform the task. Researches found a significant difference between the responses of jurors and mental health experts, with jurors “less likely than experienced mental health workers to see severe impairments in functioning as evidence” of an intellectual disability.
This study raises serious questions about the ability of jurors to analyze evidence concerning intellectual disabilities in death penalty trials, as required in Atkins v. Virginia. The Supreme Court, when ruling it unconstitutional to execute someone with an intellectual disability, implied that diagnostic criteria, such the guidelines created by the American Association on Intellectual and Development Disabilities and American Psychiatric Association, be used in determining whether someone suffers from an intellectual disability. Juror’s clear lack of knowledge about intellectual disabilities makes it extremely likely that we are sentencing people, constitutionally exempt from execution, to their death.
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