Abstract

The progressive obsolescence of IQ test norms and associated score inflation (i.e., the Flynn effect) mayhave literal life and death significance in capital mental retardation determinations (i.e., Atkins hearings).Hagan, Drogin, and Guilmette (2008) asserted that IQ score corrections for the Flynn effect wereinconsistent with a “standard of practice” they deduced from custom, convention, and authority. Moreaccurately, this reflected a proposed practice guideline or recommendation for practice, rather than astandard of practice. Whether a proposed guideline or recommendation for practice, these are betterinformed by an analysis of the available science than accepted convention. The authors reviewed researchfindings regarding the occurrence of the Flynn effect in the “zone of ambiguity” (IQ 71–80), andproposed a best practice recommendation for discussing and reporting Flynn effect correction of IQscores in capital mental retardation determinations.Keywords: Flynn effect, death penalty, IQ, Atkins, mental retardation, practice recommendations

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