Intellectual Disability

Why is it unlawful to execute people with intellectual disability?

• Individuals with intellectual disability have less capacity to understand their actions and circumstances, making them less culpable and placing them at special risk for wrongful execution.

• In the landmark case Atkins v. Virginia (2002), the U.S. Supreme Court said that people with intellectual disability, because of their diminished personal culpability, should not be executed.

• The Court went on to say that defendants with intellectual disability “may be less able to give meaningful assistance to their counsel and are typically poor witnesses, and their demeanor may create an unwarranted impression of lack of remorse for their crimes.”

In passing and signing legislation to update the definition of intellectual disability in the Tennessee criminal code and to provide a legal path for some already on death row to have their ID claims fully heard by the courts, the Tennessee General Assembly and Governor Lee did the right thing.