Criminal Justice - Short writting - The US Supreme Court and the Death Penalty I

Question

Criminal Justice - Short writting - The US Supreme Court and the Death Penalty

In May 2014, the U.S. Supreme Court ruled that states must look beyond IQ scores in borderline cases of mental disability when determining whether a death row inmate is eligible for execution. The decision is based on the case of Freddie Lee Hall, a 68 year old man with an IQ score of 71, who has been on death row for more than 35 years since being convicted of raping and murdering a 21 year old pregnant woman in 1978.

Critics of the death penalty point to the disproportionate number of minorities who have been executed since capital punishment was first instituted in the United States. In 2002, the court barred the execution of mentally disabled inmates, but left the responsibility for defining mental disability in the hands of each state. Although an IQ score of 70 is widely accepted as a marker of mental disability, medical professionals argue that IQ tests have a margin of error and that inmates who score within that margin should be allowed to present other evidence of mental disability. Conduct some independent research on the case of Freddie Lee Hall. Considering what you have learned about punishment and sentencing in Chapter 11(criminal justice by siegel), please answer the following:

Should a person with a IQ of 70 or less be subjected to execution for the crime of murder? Explain.

(250 word minimum response required)

Explanation / Answer

The answer to this question is not straightforward and requires a careful consideration of several factors. Firstly, assessing the IQ of an individual is only one way of assessing intellectual disability. It is a score that is obtained from a test which should not be used as a sole measurement of intelligence. An examination of the definition of intellectual disability reveals that one must also take into account if the individual is able to adapt to the everyday world. There are many individuals with borderline intelligence who are able to have interpersonal relationships, hold jobs and live their daily lives without much assistance. Another aspect to be looked at is whether the disability was present in the individual's developmental years, that is, below 18 years of age. This is one factor which makes it pretty much impossible to "fake" an intellectual disability.

People with intellectual disabilities are vulnerable to making false confessions because of their inability to comprehend the situation and the consequences that might result. Sometimes, it may also be led out of a desire to please higher authorities. They may also be unable to co-operate with their lawyers due to the stigma attached with the disability. These are factors that further complicate the matter.

Thus, using solely the IQ as the basis for making a decision to execute an individual for a crime is narrow and restricted. It ignores the complexity of human intelligence and the wide range of how it may express itself. Laws are written keeping the "normal" human moral judgement in mind. But a person suffering from intellectual disability should be pardoned from harsh punishments simply because they lack the ability to make sound decisions in their everyday life. I would say that only if all the boxes of intellectual disability is ticked should a decision be made.

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