Life, Death, and IQ;It's Much More Than Just a Score: The Dilemma of the Mentally Retarded on Death Row

Abstract

ABSTRACT This article discusses pertinent issues regarding mental retardation and the role of the forensic psychologist in death penalty cases in light of Atkins v. Virginia (2003). Although the United States Supreme Court recently held that it is against the Eighth Amendment to execute a mentally retarded individual, the Court has ultimately caused a controversy amongst mental health professionals and attorneys concerning the diagnosis of mental retardation. The Court has asked forensic psychologists to not only continue their clinical role of evaluating defendants, but essentially forced them, in a sense, to make a legally binding decision, clouding the already blurred line between psychology and law. Consequently, there may be a battle of experts that decide life or death for the defendant. The author will briefly address the Court's handling of the issue of mental retardation and the death penalty, discuss diagnostic criteria and assessment of mental retardation, and explain common pitfalls forensic psychologists are likely to encounter in these cases when assessing for mental retardation. Finally, implications for forensic mental health professionals, lawyers, and judges will be discussed.