Determination of Intellectual Disability for Capital Punishment

Journal of the American Academy of Psychiatry and the Law

article

Vanessa Y. Freeman¹  Robert P. Forrest¹  Raymond K. Molden¹ 

[1] Department of Psychiatry University of Arkansas for Medical Sciences Little Rock

关键词: intellectual disability;    death penalty;    deficits;    adaptive behavior;    legal determination;   

DOI  :  10.29158/JAAPL.210078-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

intellectual disabilitydeath penaltydeficitsadaptive behaviorlegal determinationIndividuals May Not Be Determined as Intellectually Disabled without an Overall Assessment of How Deficits Affect the Individual's Ability to Meet Society's ExpectationsIn State ex rel. Montgomery v. Kemp, 469 P.3d 457 (Ariz. 2020), the Supreme Court of Arizona ruled the trial court erred in determining Apolinar Altamirano was intellectually disabled. The supreme court found that the trial court failed to conduct an overall assessment of how Mr. Altamirano's deficits affected his ability to meet the standards of personal independence and social responsibility for a person his age and cultural background, as required by Arizona's statutory framework for adjudicating intellectual disability.

【 授权许可】

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