Abstract

In light of the U.S. Supreme Court's 2002 landmark decision in Atkins v. Virginia, a diagnosis of mild mental retardation has taken on a life and death significance for people who are the most deeply involved in criminal justice. As such, each aspect of the mental retardation definition (American Association on Mental Retardation, 2002) is a vital factor to the proper evaluation of individuals being tried for or convicted of a capital crime and who may (or may not) be legitimately diagnosed as having mental retardation. Various professionals who are working in, or are peripheral to, the field of mental retardation must understand how their work continues to play an important role in this process. This article identifies and highlights those factors that help illuminate the courts, the juries, the attorneys, and the public at large to fully comprehend the significance of this disability and its related characteristics.

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