Overview

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.

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Reviews

No literature considers this many cases post Atkins. The book finishes by examining the capital punishment landscape after Atkins, yet another topic not heavily researched. Legal scholars would be wise to read Intellectual Disability and the Death Penalty as it can assist in understanding both the law and the culture surrounding the death penalty. This is an important book best suited for anyone generally interested in issues related to capital punishment in the U.S. Summing Up: Essential. Upper-division undergraduates through professionals. * Choice * This highly useful reference deserves a place on the bookshelf of every capital defense lawyer and mitigation specialist, regardless of whether they suspect a current client meets the criteria for intellectual disability. . . . The authors are well-known and respected practitioners in their respective fields. . . . Their 2018 joint effort is a solid introduction to the subject of intellectual disability in death penalty cases . . . especially for those seeking a concise introduction, with some advanced discussions of the state of the law as well as the state of affairs in the assessment of intellectual disability, this volume will be an essential part of their preparation. The book is disarmingly small in size--and therefore a convenient source to take to court or hearings. It is a readable and authoritative introduction to the complex subject of intellectual disability and therefore essential reading for capital defense teams before they begin consulting experts on the subject or deciding whether to raise the claim . . . this book is well worth the investment. It is one of those volumes to which any active capital defender should have access. * National Association of Criminal Defense Lawyers *

Author Information

Marc J. Tassé, PhD, is professor in the Departments of Psychology and Psychiatry and director of The Ohio State University Nisonger Center, a University Center for Excellence in Developmental Disabilities. He is also a licensed psychologist. John H. Blume is the Samuel F. Leibowitz Professor of Trial Techniques at Cornell Law School, where he teaches criminal procedure, evidence, and federal appellate practice and supervises the Capital Punishment and Juvenile Justice Clinics.

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